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Ebates.ca Gift Card Shop - Terms of Sale
CardSwap Inc. ("CardSwap", the "Company", "we", or "us") offers as a service to Ebates.ca ("Ebates") members the ability to purchase third-party gift cards, gift codes or other stored-value products (collectively "Gift Cards") from leading Canadian merchants at the Ebates Gift Card Shop website (the "EBGCS") and earn cash back at Ebates.

You can access EBGCS through a web or mobile application either directly, or indirectly through links, widgets or feeds from Ebates or other third-party partners. By accessing or using EBGCS, you confirm that you have read, understood, and agree to be bound by these Terms of Sale ("Terms of Sale"), whether or not you are a registered member.

We reserve the right to amend the Terms of Sale at any time by notifying you either via email or notification when you visit EBGCS, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of EBGCS after any such change constitutes your acceptance of the new Agreement – do not access EBGCS if you do not agree to these terms. These Terms of Sale applies to all visitors, users, and others who access EBGCS ("Users").

In addition to these Terms of Sale, Users consent to our collection, use and disclosure of your personally identifiable information in accordance with EBGCS’s Privacy Policy and compliance with EBGCS’s Terms of Use.

1. Gift Cards

All Gift Cards featured on EBGCS are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices and rewards are subject to change without notice and the price charged to you and rewards provided to you will be the price and rewards displayed at the time you place your order.

2. Gift Card Vendor Terms and Liability

Gift Cards purchased via EBGCS are issued and activated by participating third-party merchants, retailers and vendors (collectively, "Vendors"). Your purchase of each Gift Card will be governed by certain terms and conditions established by the issuing Vendor. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any Gift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor.

As issuers of the Gift Cards, Vendors (and not the Company) are fully responsible for all aspects of their Gift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Gift Card. While the Company strives to work with reputable Vendors, the Company has no liability for (i) the sale of products or services to you by a Vendor through the use of any Gift Card; and (ii) any Vendor's failure to honour a Gift Card. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues.

3. Gift Card Errors

We attempt to be as accurate as possible and to eliminate errors on the products that we sell; however, the Company does not represent or warrant that any Gift Card and information about the Gift Card (including the description, Vendor information or pricing information) provided is always accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a Gift Card purchase, or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

4. Disclaimers

In addition to the disclaimers, limits on liability , indemnification obligations and other provisions set forth in the Terms of Use, which also apply to these Terms of Sale and are incorporated herein by this reference, you hereby waive, and release the CardSwap Parties (as defined in the Terms of Use) from, any liabilities, damages and costs arising from or related to (i) your loss or the theft or dishonour by the Vendor of any Gift Card; and (ii) any act or omission of a Vendor in connection with a Gift Card it provides.

Risk of loss and title for each Gift Card shall pass to you when you complete your purchase of such Gift Card. The Company is not responsible for any damage or loss resulting from stolen or lost Gift Cards or any use of your Gift Cards without your permission, and is not responsible for replacing any lost, stolen or damaged Gift Cards.

The Company and its affiliates, partners, employees and agents make no warranties, express or implied, with respect to any Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.

These disclaimers and limitations may or may not apply to you and are void where prohibited.

5. Payment Options

We may accept various form of payment to complete a purchase on EBGCS, including, credit card, PayPal, Interac, electronic funds transfer (EFT), or some other payment form (together the "Payment Method"). Unless otherwise indicated, the denominated value of the Gift Card being purchased will be billed in full, in Canadian dollars, at the time you purchase. By making the purchase, you acknowledge that you are authorized to use the designated Payment Method and you authorize us to charge your purchase order to that Payment Method. When you provide your payment information, you authorize us to process and store your payment and related information using a third-party payment processor and other payment related parties as required. In the event that the Payment Method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

6. Taxes

With respect to the Gift Cards that you purchase on EBGCS, the amount paid for any Gift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Vendor at the time you purchase products or services from the Vendor using the Gift Card.

7. Earning Ebates Cashback

As specified with respect to each Gift Card you purchase on EBGCS, if you are a registered member of Ebates, you will earn the cash back ("Cash Back"). Please allow [90] days for such cash to credited to your account. For additional details on the program, including viewing your cash back balance, please visit https://www.ebates.ca/help/terms-conditions

8. Cancellations; No Returns.

All purchases made on EBGCS are final. Gift Cards are non-returnable and non-refundable, provided, however, that if a Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card purchase amount or replace the defective Gift Card with an alternative Gift Card or with products or services of equal value for the same Gift Card Vendor. If you have any questions or problems with your order, please contact support@EbatesGiftCards.ca.

9. Permitted Users

EBGCS is exclusively available to good standing members of the Ebates community. In addition, EBGCS is intended solely for Users resident in Canada who are the age of majority or older in their jurisdiction, and any registration, use or access to EBGCS by anyone not resident in Canada, or under that age, is strictly prohibited and in violation of these Terms of Sale.

10. Regulatory Compliance

You are not permitted to make purchases of Gift Cards or other products or services from the Company in excess of $1,000 per day, and all Gift Cards purchased will be "closed-loop" gift cards. The Company will comply with the Financial Transactions and Reports Analysis Centre of Canada ("FINTRAC") and any other regulatory authority in connection with operation of its Gift Card program, and will fully cooperate and provide personal user information with authorities as required by law.

11. Applicable Law; and Miscellaneous Provisions

The provisions of Paragraphs 11 of the Terms of Use are incorporated herein by reference and shall apply to these Terms of Sale as if set forth herein in full.

12. Contact Us

If you have any questions or concerns regarding these Terms of Sale or any Gift Card purchases or other transactions through EBGCS, please contact us at Support@EbatesGiftCards.ca