Terms of
Service

Overview

This website (the “Website” or the “Store”) is operated by Giftagram Inc. (“Giftagram”) on behalf of Wealthsimple. Throughout the Website, the terms “we”, “us” and “our” refer to Giftagram. Giftagram offers this Website, including all information, tools, products and services available from this Website to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

All purchases made through this Store are transactions with Giftagram, who operates this Store as a branded experience on behalf of Wealthsimple. Giftagram is the merchant of record for all sales and is responsible for order processing, payment collection, fulfillment, warehousing, customer support, and returns. Wealthsimple is not the seller of record and does not process or collect payment for purchases.

By visiting the Website and/or purchasing a product (“Product”) from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content (“you” or “your”).

Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

This Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell the Products and provide the Services to you.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory of residence, or that you are the age of majority in your province or territory of residence and you have given us your consent to allow any of your minor dependents to use this Website.

The Store, Products and Services are not available in Quebec or to residents of Quebec.

You may not use our Products or Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms of Service will result in an immediate termination of the Services.

Section 2 — General Conditions

We reserve the right to refuse providing the Website or Services for any lawful reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

Section 3 — Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Section 4 — Modifications to the Service and Prices

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

Section 5 — Products or Services

All orders placed through this Store are offers to purchase Products from Giftagram. Products available through this Store are limited-edition items and availability is not guaranteed. All sales are subject to availability and may have limited quantities. We do not guarantee that any item will remain in stock or be restocked. If a Product becomes unavailable after an order is placed, Giftagram may cancel the order and refund the amount charged. Title to Products transfers to you upon delivery, and risk of loss transfers upon delivery to the shipping address provided in your order, unless otherwise required by applicable law.

All Products are subject to return only in accordance with our Return Policy. We do not offer exchanges. To view our Return Policy, please refer to Section 17 of these Terms of Service. This Store currently ships within Canada only, excluding Quebec.

We have made every effort to display as accurately as possible the colours and images of our Products that appear in the Store. We cannot guarantee that your device’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. No warranty is provided with respect to any Products sold through this Store.

Section 6 — Billing, Payment and Account Information

All payment for purchases made through this Store is processed by Giftagram Inc. as merchant of record. By completing a purchase, you are entering into a transaction with Giftagram, not with Wealthsimple. Wealthsimple does not collect, process, or store your payment information.

Giftagram reserves the right to refuse any order placed through this Store, in its sole discretion. Giftagram may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that a change is made to an order or we cancel an order, Giftagram may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Giftagram reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. An order is not accepted until Giftagram sends an order confirmation or ships the applicable Product, whichever occurs first.

Prices displayed on the Store are in CAD and are subject to change without notice prior to order submission. Applicable taxes and shipping charges, if any, will be shown at checkout before you submit your order. By submitting an order, you authorize Giftagram or its payment processor to charge your selected payment method for the total amount shown at checkout.

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 — Personal Information

The collection, use, and disclosure of personal information submitted through this Store is governed by Giftagram’s Privacy Policy, which is incorporated into these Terms by reference. By making a purchase, you consent to the collection, use and disclosure of your personal information, including your name, shipping address, and payment information in order to provide the Services and otherwise in accordance with our Privacy Policy. To view our Privacy Policy, please visit our Privacy Policy page.

Section 8 — Errors, Inaccuracies and Omissions

Occasionally there may be information on the Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date set out on the Website or on any related website should be taken to indicate that all information on the Website or on any related website has been modified or updated.

Section 9 — Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or territorial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website and the Services or any related website for violating any of the prohibited uses.

Section 10 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of the Website or the Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website or the Services will be accurate or reliable.

You agree that from time to time we may disable the Website for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website and/or the Services is at your sole risk. The Services and all Products delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Any concerns regarding the quality, safety, or condition of any Products sold through this Store; order processing, payment, or fulfillment errors; shipping delays or losses; returns or exchanges; or any other transaction-related claim should be directed to Giftagram, as the merchant of record, at wealthsimpleshop@giftagram.com.

In no case shall Giftagram, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Products procured using the Services, or for any other claim related in any way to your use of the Website, Services or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, Services or any content (or Product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

To the extent permitted by applicable law, Giftagram’s total liability to you for any claim arising out of or relating to these Terms of Service or your use of this Website (excluding any purchase-related claim) shall not exceed $150.

Section 11 — Indemnification

You agree to indemnify, defend and hold harmless Giftagram and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 12 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 13 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and accordingly may deny you access to our Services (or any part thereof), and you will remain liable for all amounts due up to and including the date of termination.

Section 14 — Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 15 — Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario for resolution of any disputes arising under these Terms.

Section 16 — Contact Information

Questions about the Terms of Service and all order-related inquiries, including shipping, returns, and product issues, should be sent to us at wealthsimpleshop@giftagram.com.

Giftagram’s contact information is posted below:

Giftagram Inc.
487 Adelaide Street West #203
Toronto, ON M5V 1T4
E-mail: wealthsimpleshop@giftagram.com

Section 17 — Returns, Exchanges and Order Issues

All returns, exchanges, and order issue resolutions are handled by Giftagram as merchant of record.

Returns

Items may be returned within 30 days of receipt. To initiate a return, email wealthsimpleshop@giftagram.com with your order number. Returned items must be unused and in their original condition.

Exchanges

We do not offer exchanges. Product pages include a size guide where applicable — please review it before placing your order.

Damaged or incorrect items

If you receive a damaged or incorrect item, email wealthsimpleshop@giftagram.com within 7 days of delivery with your order number and photos of the item and packaging. We will work to resolve the issue promptly.

Pre-order items

If your order includes a pre-order item, all items in the order will ship together once the pre-order item is available.

Section 18 — Shipping

We currently ship within Canada only, excluding Quebec. We do not ship to P.O. boxes.

Orders are typically processed within two business days after an order is placed and, once shipped, are estimated to arrive within 3–5 business days. Delivery timelines are estimates only and are not guaranteed.

Shipping charges

Any applicable shipping charges will be displayed at checkout before you submit your order. Where free shipping is offered, this will be indicated on the Website or at checkout.