By registering a Guusto Account and accepting this Agreement, you confirm that you are:
We reserve the right to refuse to register a Guusto Account or to terminate a Guusto Account if these criteria are not met.
Please note that gifts, when implied by the sender to be item specific, can actually be applied to any item permissible by the merchant. Alcoholic beverages and related services may be sold by the merchant and delivered only to persons who are at least 19 years of age in Canada and 21 years of age in the United States of America. By placing an order, despite your recommended use, you represent to Guusto and to the Merchant: (a) that you are purchasing the gift for personal use and not for resale; (b) that the person receiving the gift will provide valid identification proving that he or she is at least 19 years of age in Canada and at least 21 years of age in the United States of America, if an alcoholic product is requested in the Venue.
Expiration – Funds underlying Guusto Gifts do not expire. This does not include promotional items that may be offered by Merchants or Guusto. Restrictions and expiration may apply to such promotional items or gifts.
References to “content” herein refer to all aspects of the Guusto Platform, including but not limited to all products and services (including gifts) offered via the Guusto Platform, as well as all text, images, photos, video, audio, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by or onto the Guusto Platform.
You acknowledge that, although the Web is often a secure environment, there will sometimes be interruptions in service or events that are beyond the control of Guusto, and Guusto shall not be responsible for any data lost while transmitting information on the Web or over the internet. While Guusto strives to make the Guusto Platform accessible 24 hours per day, 7 days per week, the Guusto Platform may be unavailable from time to time for any reason, including without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Guusto, access to the Guusto Platform may be interrupted, suspended or terminated from time to time.
Guusto shall have the right at any time to change or discontinue any aspect or feature of the Guusto Platform, including, but not limited to, content, hours of availability, equipment needed for access or use, and gifts available. Further, Guusto may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
The Merchant, not Guusto, is the seller of the gifts and related products and services and is solely responsible for providing the gifts you purchased. Guusto makes no representations or warranties, express or implied, as to the quality, safety, usability, or other aspect of the gifts or other services or products provided by Merchants. Your only recourse with respect to a Merchant’s failure to redeem a gift shall be against the Merchant from which you purchased such gift. Unless otherwise prohibited by applicable law, you agree to make any claims with respect to a gift purchased on the Guusto Platform within 45 days after purchase of such gift. Guusto is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, the gifts or other services or products provided by Merchants. You are responsible for your own actions or omissions in utilizing the gifts or other services or products provided by Merchants.
In order to use the Guusto Platform, you must complete all required information elements on the registration page of the Guusto Platform, including, in some instances, providing a valid credit card or other payment method. You must also pay for all applicable fees, purchases and other obligations arising from your use of the Guusto Platform. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Guusto Platform or to purchase gifts. We facilitate processing the payment for purchased gifts. We reserve the right to delay or cancel processing of suspicious transactions or transactions which may involve fraud, misconduct or violations of law.
Each user is required to create an account in order to purchase or redeem gifts. Through the account, the user can view and print past purchases, pay for gifts, modify preferences, rate or review purchased gifts and post on public forums.
Gifts are purchasable and billed on a one-time basis, which terms will be presented to you at the time of purchase. A Guusto Gift may not be redeemed or used to purchase any products or services other than with the Merchants offered by us for purchase on our Site.
By clicking “buy”, “buy now”, “place order”, “purchase,” “give guusto”, "send gift" or “complete purchase”, you authorize Company to issue a Guusto Gift to the Recipient on your behalf.
From time to time Guusto may offer special promotions, contests and/or sweepstakes to provide users with incentives to purchase gifts using the Guusto Platform. The applicable rules for such special promotional activities will be posted on the Guusto website and or application.
Guusto’s mobile application allows users to access many features of the Guusto Platform through a mobile device. If you use the applications you are responsible for any fees that your phone service provider charges for SMS, data, etc. Guusto is not affiliated with any phone service providers.
All gifts offered on the Guusto Platform may be subject to additional terms and conditions of the Merchant. Any such terms and conditions are set forth on the Guusto Platform. By making a purchase, you acknowledge and agree to such terms and conditions.
All conditions associated with the lawful sale and service of gifts by the Merchant are the responsibility of the Merchant, and may be subject to additional regulatory conditions and restrictions including but not limited to age verification requirements and restrictions associated with the delivery of alcoholic beverage products to consumers who may appear visibly intoxicated.
When you purchase a gift, only you or the named recipient has the right to receive the gift. You cannot transfer the right to receive the gift to anyone else. The right to redeem a gift comprising an alcoholic beverage is subject to the Merchant’s obligation to comply with all applicable laws and regulations associated with the sale and service of alcoholic beverages.
The Merchant (the “Merchant”) Gift Cards are sold Guusto, a Canadian corporation. Although Guusto is the channel through which such Gift Cards are sold, the contract governing the obligation, ownership, use and redemption of Gift Cards is between you and the Merchant. By accessing this site, and by purchasing a Gift Card on this site, you agree to be bound by the legal terms and conditions governing the sale and use of Gift Cards as defined by the Merchant and under the laws relevant to the jurisdiction of the Merchant, without regard to principles of conflict of laws. The Merchant reserves the right to revise these Legal Terms and Conditions at any time.
All sales are final. You may not return, cancel or redeem for cash any Gift after it is purchased, unless otherwise stated by law.
You shall be responsible for obtaining and maintaining your Devices and all telephone and other equipment needed for access to and use of the Guusto Platform and all charges related thereto. Guusto shall not be liable for any damage to your Devices or other equipment resulting from the use of the Guusto Platform.
All personally identifiable data is encrypted and stored in the database on secured servers in Toronto, Canada. We never send your login credentials in the clear and we ensure that whenever we send that data across the Internet, it is always encrypted.
Although we welcome and encourage user interaction on the Guusto Platform, we require that all users restrict any and all activity on the Guusto Platform to that which involves lawful purposes only. In your use of the Guusto Platform and services you agree not to post or transmit through the Guusto Platform any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Guusto’s express prior, written approval, contains advertising or any solicitation with respect to products or services. In addition, in your use of the Guusto Platform and its service you agree that you will not:
Exploit the Guusto Platform or its service to access unauthorized information; Advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Guusto Platform to become users of other on- or off-line services directly or indirectly competitive or potentially competitive with Guusto. Copy (including by taking screenshots), publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content of the Guusto Platform, in whole or in part, without our prior consent;
Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;
Knowingly transmit any material that contains adware, malware, spyware, software viruses, Trojan Horse, worm or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Encourage excess or irresponsible consumption of alcohol, the consumption of alcohol by minors, stalk, bully or otherwise harass any other person or otherwise engage in or contribute to any other illegality or wrongdoing under applicable law;
Use the Guusto Platform in a manner, or post to the Guusto Platform any material, that infringes or violates any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
Impersonate any individual or entity, or otherwise misrepresent your affiliation with any individual or entity;
Interfere with or disrupt or attempt to disrupt the Guusto Platform or servers or networks connected to the Guusto Platform, or cause excessive traffic demands on the Guusto Platform’s technology infrastructure, or disobey any requirements, procedures, policies, or regulations of networks connected to the Guusto Platform or our services; Circumvent, disable, or otherwise interfere with security-related features of the Guusto Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Guusto Platform or the content therein; Reverse engineer any portion of the Guusto Platform; Without Guusto’s permission, process, collect, or record user information or Guusto Platform content, or otherwise access the Guusto Platform using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications; or Contribute content that contains restricted access mechanisms, hidden content of any kinds, or utilize SQL injection or cross site scripting methods.
Each user agrees that it shall use the content of the Guusto Platform, including without limitation (a) the identity of Merchants, (b) information regarding gifts (including without limitation, prices and discounts) and (c) the identity of Guusto employees, contractors or other agents, solely in connection with making its decision to purchase gifts. Guusto is not obligated to post any material that you submit via the Guusto Platform. Guusto has the right to remove any material for any reason (or no reason) including, without limitation, material that Guusto believes to be in violation of the provisions hereof or otherwise objectionable.
The Guusto Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics and sounds. The Guusto Platform is protected by copyright under Canadian and International copyright laws. Guusto owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content created by Guusto. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download, print, or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express permission of Guusto or the copyright owner. If copying, redistribution or publication of copyrighted material is permitted, you shall make no changes in or deletion of author attribution, trademark legend or copyright notice.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Material that is located within or on the Guusto Platform otherwise owned or operated in conjunction with Guusto shall not be deemed to be in the public domain but rather the exclusive property of Guusto, unless such site is under license from the applicable licensor, in which case such license is for the exclusive benefit and use of Guusto unless otherwise stated.
You take full and sole responsibility for all content that you post on the Guusto Platform and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute all content, including obtaining permission from any person shown in a photo that you upload or that is identified in any writing that you post.
Guusto will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Guusto will disable and/or remove access to the Guusto Platform for users who are repeat infringers. If you believe that a copyrighted work has been copied and posted to the Guusto Platform in a way that constitutes copyright infringement, you shall provide Guusto with the following information: (i) A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Guusto Platform are covered by a single notification, a representative list of such works on the Guusto Platform; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Contact information for Guusto for notice of claims of copyright infringement is as follows:
YOU EXPRESSLY AGREE THAT USE OF THE GUUSTO PLATFORM IS AT YOUR SOLE RISK. NEITHER GUUSTO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE Guusto Platform WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GUUSTO PLATFORM, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT (INCLUDING PRODUCTS) PROVIDED THROUGH THE GUUSTO PLATFORM.
THE GUUSTO PLATFORM IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FOLLOWING DISCLAIMERS AND LIMITATION OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY USE OF THIS Guusto Platform AND THE SERVICES THEREON AND ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD CAUSED BY THE GUUSTO PLATFORM OR THE SERVICES THEREON,
THE MERCHANTS OFFERING PRODUCTS THROUGH THE GUUSTO PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT AFFILIATES, AGENTS OR EMPLOYEES OF GUUSTO. GUUSTO, ITS AFFILIATES AND EMPLOYEES DISCLAIM LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. GUUSTO HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY MERCHANT CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND GUUSTO' DIRECT CONTROL.
IN NO EVENT SHALL GUUSTO, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GUUSTO PLATFORM. GUUSTO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY USER DURING THE TWO MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER GUUSTO, NOR ITS AFFILIATES, LICENSORS OR CONTENT PROVIDERS (OTHER THAN MERCHANTS) SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE GUUSTO PLATFORM OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
The Merchants are the sellers of the gifts which you are purchasing. Guusto does not control any Merchant, and is not responsible for any costs, harm or damages that occur as a result of, either directly or indirectly, gifts offered by the Merchants.
You release Guusto and its affiliates, and their respective directors, officers, employees, contractors and agents from any claim or liability arising from or related to (a) any gifts or other services or products provided by the Merchants and (b) any acts or omissions by users, including users' failure to comply with applicable law and/or Merchants’ failure to provide gifts as described in good faith by Guusto (collectively, (a) and (b) are referred to as the “Released Products Claims”). You also agree to defend, indemnify and hold harmless Guusto and its affiliates, and their respective directors, officers, employees, contractors and agents from and against all claims and liability, including attorneys’ fees, arising out of or related to the Released Products Claims.
Notwithstanding anything herein to the contrary, Guusto shall have the right, exercisable in its absolute and sole discretion, immediately to terminate this Agreement and your Guusto Account and block your access to the Guusto Platform at any time and for any reason. You may immediately terminate this Agreement at any time by discontinuing use of the Guusto Platform and terminating your Guusto Account.
The Guusto Platform may contain content that is submitted by third parties or other users. You acknowledge that by using the Guusto Platform, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any third-party content, nor do we make any endorsement claims for the Guusto Platform’s third party content. Guusto has no editorial control over such content, and any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers, or any other users are those of the respective author(s) or distributor(s) and not of Guusto. You therefore use the Guusto Platform and the content at your own risk.
The Guusto Platform, or third party users and members, may provide links to other Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any third party site or resource. Guusto reserves the right to disable any link or remove any third party content at any time in its sole discretion.
By using the Guusto Platform, user agrees that: (i) any claim, dispute, or controversy user may have against Guusto arising out of, relating to, or connected in any way with this Agreement, the Guusto Platform, or the purchase or sale of any products or services (including gifts), shall be resolved exclusively by final and binding arbitration administered by the Canadian Arbitration Association and conducted before a single arbitrator pursuant to the applicable Commercial Arbitration Rules of the Canadian Arbitration Association (“Arbitration Rules”); (ii) the arbitration shall be held in Vancouver, British Columbia; (iii) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the user’s and/or Guusto’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (iv) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Arbitration Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Notwithstanding the foregoing, nothing contained herein shall prevent Guusto from commencing any action or proceeding before any court of competent jurisdiction to obtain injunctive relief or other relief in the event if, in the opinion of Guusto such action is necessary or desirable to protect Guusto’s intellectual property rights.
Each Merchant shall enter into a separate Merchant agreement (a “Merchant Agreement”) with Guusto with respect to the products it intends to provide.