Guusto Gifts Inc. (“Guusto", “us", “we", or “our") provides the digital recognition and rewards platform accessible at www.guusto.com and through Guusto’s mobile applications (together, the “Guusto Platform") that connects Guusto users (“users", “you", or “your") with merchants (“Merchants") to enable you to give non-monetary recognition and gift card rewards offered by Merchants (“gifts") to your employees, peers, clients, family, and friends.
Each user is required to create an account with Guusto in order to use the Guusto Platform to give, purchase, receive, and redeem gifts. Through an account with Guusto, the user can view and print past gifts sent, purchased, received, and redeemed; pay for purchases; modify preferences; and subscribe to additional paid services, such as ‘Teams’ and the ‘Nomination Box’. 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 for any reason, in our sole discretion, including if these criteria are not met.
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 provide current, complete, and accurate information and maintain it as current and accurate. We may require you to provide additional information to prove your identity as a condition of continued use of the Guusto Platform or to complete a purchase.
You must pay for all applicable fees, purchases, and other obligations arising from your use of the Guusto Platform. We facilitate processing the payment for purchased gifts. Failure to pay any fees or amounts owed for subscription services or gifts purchased may result in your account being turned over to a collection agency. Past-due balances may be subject to a finance charge of 2% per month or the highest amount permitted by applicable law, whichever is lower. If your account is past due, you agree to pay all related collection costs, including court costs, attorneys’ fees, collection agency fees and other administrative costs.
Notwithstanding anything herein to the contrary, Guusto shall have the right, exercisable in its absolute and sole discretion, to immediately 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 terminating your Guusto Account and discontinuing use of 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 routine maintenance.
Guusto shall have the right at any time to change or discontinue any aspect or feature of the Guusto Platform, including content, hours of availability, equipment needed for access or use, and gifts available.
References to “content" herein refer to all aspects of the Guusto Platform, including 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.
Each user agrees that it shall use the content of the Guusto Platform, including (a) the identity of Merchants, (b) information regarding gifts (including prices and discounts), and (c) the identity of Guusto employees, contractors, or other agents, solely in connection with making its decision to purchase gifts.
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 its 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. 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 material that Guusto believes to be in violation of the provisions hereof or otherwise objectionable.
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. By posting content to the Guusto Platform, you hereby: (i) represent and warrant that you have the foregoing rights to such content; and (ii) grant all necessary rights to Guusto (and its affiliates and sub-licensees) for the upload, posting, and distribution on the Guusto Platform.
In addition, in your use of the Guusto Platform and its services, you agree that you will not:
Users may access the Guusto Platform on a mobile device through the mobile web version of the Guusto Platform or Guusto’s mobile application. If you access the Guusto Platform through a mobile device, 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.
You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your user name, passwords or account. It is your sole responsibility to (1) control the dissemination and use of your user name, gift redemption codes, and passwords, including by keeping your passwords secure and confidential; (2) authorize, monitor, and control access to and use of your Guusto Account, user name, and password; and (3) immediately notify Guusto of any unauthorized use of your Guusto Account or any need to deactivate a user name or password.
In order to purchase a gift, you must use a credit card or first add funds to your Guusto Account via credit card, bank transfer, wire transfer, email transfer, cheque deposit, or any other accepted method of payment. Funds that have been added to your Guusto Account will not be refunded.
Gifts may be purchased on a one-time basis. A gift may only be redeemed or used to purchase products or services from the Merchants offered by us on the Guusto Platform from time to time.
By clicking “buy", “buy now", “place order", “purchase," “give guusto", "send gift", or “complete purchase", you authorize Guusto to debit funds in your Guusto Account to issue a gift to the recipient on your behalf. We reserve the right to delay or cancel processing of suspicious transactions or transactions which may involve fraud, misconduct, or violations of law.
Funds underlying purchased 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.
All purchases and redemptions of gifts are final and no refunds can be issued. You may not return, cancel, or redeem for cash any gift after it is purchased or redeemed, unless otherwise stated by law. Once a Merchant is selected by the purchaser or recipient, as applicable, funds are transferred to the Merchant and no changes can be made.
All gifts cards offered on the Guusto Platform may be subject to additional terms and conditions of the applicable Merchant. Any such terms and conditions are set forth on the Guusto Platform. By making a purchase, you acknowledge and agree to such additional terms and conditions.
All conditions associated with the lawful sale and service of gift cards by the Merchant are the responsibility of the Merchant, and may be subject to additional regulatory conditions and restrictions, including age verification requirements and restrictions associated with the delivery of alcoholic beverage products to consumers who may appear visibly intoxicated.
The Merchant, not Guusto, is the seller of the gift cards and related products and services and is solely responsible for providing the gift cards you purchased. Guusto makes no representations or warranties, express or implied, as to the quality, safety, usability, or other aspect of the gift cards or other services or products provided by Merchants. Your only recourse with respect to a Merchant’s failure to redeem a gift card shall be against the applicable Merchant. Guusto is not liable for any costs, harm, or damages that occur as a result of, either directly or indirectly, the gift cards or other services or products provided by Merchants. You are responsible for your own actions or omissions in utilizing the gift cards or other services or products provided by Merchants.
Please note that gifts may be applied to any item permissible by the Merchant, even when intended by the purchaser to be item-specific.
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.
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 that: (a) you are purchasing the gift for personal use and not for resale; and (b) 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 to be purchased from a Merchant.
YOU EXPRESSLY AGREE THAT USE OF THE GUUSTO PLATFORM IS AT YOUR SOLE RISK. NEITHER GUUSTO, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, 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 GIFTS) PROVIDED THROUGH THE GUUSTO PLATFORM.
THE GUUSTO PLATFORM IS MADE ACCESSIBLE ON AN “AS IS" BASIS AND GUUSTO MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
THE MERCHANTS OFFERING GIFTS THROUGH THE GUUSTO PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT AFFILIATES, AGENTS, OR EMPLOYEES OF GUUSTO. GUUSTO, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS DISCLAIM LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY MERCHANTS AND ANY 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’S DIRECT CONTROL.
IN NO EVENT WILL GUUSTO, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ECONOMIC LOSS, LOSS OF USE, OR ANY EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE GUUSTO PLATFORM OR THIS AGREEMENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER GUUSTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GUUSTO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE SERVICE FEES ACTUALLY PAID TO GUUSTO 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 LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
The Merchants are the sellers of the gifts which you are purchasing or redeeming. 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 you, including your 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.
By using the Guusto Platform, you agree that: (i) any claim, dispute, or controversy that you may have against Guusto arising out of, relating to, or connected in any way with the Guusto Platform, this Agreement, 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 (the “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; (iv) arbitration can decide only your and/or Guusto’s individual claims; (v) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (vi) 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.
You acknowledge and agree that Guusto may use third-party contractors to provide the Guusto Platform and its services, including for processing of credit card purchases.