Terms of Use
Last Updated: June 4, 2026
1. Agreement to These Terms
These Terms of Use (the "Terms") govern your access to and use of Giftagram websites, ecommerce storefronts, retail mobile applications, personal gifting services, promotions, customer support, and related consumer-facing services (collectively, the "Services") provided by Giftagram Inc. and Giftagram USA, Inc. (together, "Giftagram," "we," "us," or "our").
By accessing or using the Services, creating an account, placing an order, sending a gift, redeeming a gift, participating in a promotion, or otherwise interacting with the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. B2B Platform and Enterprise Agreements
These Terms apply to public, consumer-facing, ecommerce, app, and personal gifting services. Use of Giftagram's B2B corporate gifting platform, GiftCenter, APIs, integrations, enterprise campaigns, bulk gifting, and related corporate services may be governed by separate master services agreements, order forms, platform terms, data processing terms, or other written agreements between Giftagram and the applicable business client. If there is a conflict between these Terms and a signed enterprise agreement, the signed enterprise agreement controls for the applicable enterprise services.
3. Eligibility and Accounts
You must be old enough to use the Services under applicable law and legally capable of entering into these Terms. Certain products, including alcohol or other age-restricted products, may require you to meet additional age, eligibility, identification, or delivery requirements.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate, current, and complete information and to update it as necessary. We may suspend or terminate accounts or access where we believe information is inaccurate, use is unauthorized, or activity violates these Terms or applicable law.
4. Orders, Gifts, and Redemption
Giftagram allows users to purchase, send, receive, select, redeem, or arrange delivery of physical or digital gifts and related products. Order placement, gift redemption, product availability, delivery, substitutions, returns, refunds, gift credits, taxes, duties, and other order terms may vary by product, jurisdiction, merchant, brand, storefront, promotion, or campaign.
We may accept, reject, cancel, limit, or modify orders or redemptions at any time where we believe it is appropriate, including because of product unavailability, pricing or description errors, suspected fraud, misuse, compliance obligations, delivery restrictions, or violation of these Terms.
5. Product Availability, Descriptions, and Substitutions
We try to display product information accurately, but we do not guarantee that descriptions, images, pricing, availability, delivery estimates, or other content will be error-free, complete, current, or identical to the item ultimately delivered. Products may be unavailable, discontinued, replaced, delayed, or substituted. Where appropriate, we or a fulfillment partner may provide a comparable substitute, alternative, credit, refund, or other remedy consistent with the applicable order, campaign, storefront, or promotion terms.
6. Prices, Payments, Taxes, and Credits
Prices, fees, taxes, shipping, duties, and other charges are shown where applicable and may vary by location, product, storefront, promotion, or campaign. You authorize Giftagram and its payment processors to charge the applicable payment method for amounts due.
Gift cards, credits, promotional credits, campaign credits, and similar value may be subject to additional restrictions, expiration rules, inactivity rules, or legal requirements. Unless expressly stated otherwise, credits have no cash value, are not redeemable for cash, and may not be transferred, resold, or used for unauthorized purposes.
7. Shipping, Delivery, and Risk of Loss
Delivery dates and times are estimates only and are not guaranteed unless expressly stated in writing. Delivery may be affected by recipient availability, address accuracy, carrier performance, weather, customs, product availability, age or identity verification, and other factors outside Giftagram's control. You are responsible for providing accurate delivery information. Risk of loss may pass in accordance with the applicable carrier, merchant, or legal rules once a product is delivered to the carrier, delivery address, recipient, or other authorized location.
8. Returns, Refunds, and Cancellations
Returns, refunds, substitutions, and cancellations are handled in accordance with the applicable order, storefront, promotion, product, merchant, or campaign terms. Some products may be final sale, perishable, personalized, digital, time-limited, age-restricted, or otherwise non-returnable. We may decline refunds, returns, or cancellations where products have been delivered, redeemed, personalized, used, expired, or otherwise cannot reasonably be cancelled or returned.
9. Alcohol and Age-Restricted Products
Giftagram may facilitate alcohol or other age-restricted products only in states, provinces, or other jurisdictions where permitted by law. Availability may vary by location. You must meet all applicable age, identity, eligibility, delivery, and legal requirements to purchase, send, receive, or redeem age-restricted products. Valid government identification and signature may be required at delivery.
You may not purchase, send, receive, redeem, or arrange delivery of alcohol or age-restricted products if doing so would violate applicable law. We may cancel, refuse, or limit any order, gift, redemption, or delivery involving age-restricted products.
10. Promotions, Offers, and Campaigns
Promotions, discounts, gift campaigns, referral offers, contests, sweepstakes, and similar offers may be subject to additional terms. We may modify, suspend, or terminate promotions at any time where permitted by law. Promotional offers may be limited by user, account, recipient, location, time period, client, product, inventory, or other criteria.
11. Acceptable Use
You agree not to misuse the Services. Prohibited activities include fraud, abuse, unauthorized access, impersonation, scraping, data mining, interfering with service operations, circumventing security or limits, violating law, infringing rights, sending unlawful or harmful content, reselling gifts or credits without authorization, manipulating promotions, using stolen payment information, or using the Services in a way that harms Giftagram, users, recipients, clients, partners, merchants, or vendors.
12. User Content
You may submit gift messages, thank-you notes, reviews, survey responses, images, preferences, support messages, or other content ("User Content"). You are responsible for your User Content and must have the rights needed to submit it. You grant Giftagram a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, display, transmit, and process User Content as needed to provide, improve, support, protect, and operate the Services and as otherwise described in our privacy notices.
We may remove or restrict User Content that we believe violates these Terms, law, or the rights or safety of others.
13. Intellectual Property
The Services, including software, designs, text, images, trademarks, logos, graphics, interfaces, workflows, content, and other materials, are owned by Giftagram or its licensors and are protected by intellectual property and other laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services or Giftagram content.
14. Third-Party Services and Partners
The Services may include or link to third-party websites, apps, storefronts, payment processors, ecommerce platforms, merchants, brands, logistics providers, social media platforms, advertising networks, or other services. Giftagram is not responsible for third-party services, products, terms, policies, or practices. Your use of third-party services may be governed by their own terms and privacy notices.
15. Privacy
Our collection, use, disclosure, and retention of personal information is described in our Consumer Privacy Policy, Product & Platform Privacy Notice, and Cookie Notice, as applicable. By using the Services, you acknowledge those notices.
16. Suspension and Termination
We may suspend, restrict, or terminate your access to the Services, cancel orders or redemptions, remove content, or take other action if we believe you have violated these Terms, created risk or legal exposure, engaged in fraud or misuse, or if continued access would harm Giftagram, users, recipients, clients, partners, vendors, or the Services.
17. Disclaimers
The Services and all products, content, and information are provided on an "as is" and "as available" basis, except as expressly stated in writing. To the fullest extent permitted by law, Giftagram disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and uninterrupted or error-free operation.
Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
18. Limitation of Liability
To the fullest extent permitted by law, Giftagram and its affiliates, directors, officers, employees, agents, service providers, merchants, partners, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, service interruption, replacement costs, or similar damages, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Giftagram's total liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of the amount you paid to Giftagram for the specific transaction giving rise to the claim or CAD $100. Nothing in these Terms limits liability that cannot be limited under applicable law.
19. Indemnity
To the fullest extent permitted by law, you agree to indemnify and hold harmless Giftagram and its affiliates, directors, officers, employees, agents, service providers, merchants, partners, and licensors from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from your misuse of the Services, violation of these Terms, violation of law, infringement of rights, User Content, or fraud or misconduct.
20. Governing Law and Disputes
These Terms and any dispute arising from or relating to them or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law rules, except where mandatory consumer protection laws require otherwise.
Subject to applicable law, you agree that courts located in Toronto, Ontario will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services.
21. Changes to the Services or Terms
We may modify the Services or these Terms from time to time. When we update these Terms, we will post the updated version and update the "Last Updated" date. Your continued use of the Services after an update means you accept the updated Terms, except where additional notice or consent is required by law.
22. Miscellaneous
These Terms, together with any additional terms referenced or presented to you, form the agreement between you and Giftagram for the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. Our failure to enforce a provision is not a waiver.
23. Contact
Giftagram Inc. / Giftagram USA, Inc.
487 Adelaide St. W., Suite 203
Toronto, ON M5V 1T4, Canada
Email: legal@giftagram.com