Customer Terms, Conditions & Acknowledgement of Risk
These terms and conditions apply to the following products and services available for purchase from GiftGator.ca.
Experience Vouchers and Gift Cards
- Experience Voucher – a GiftGator voucher purchased for a specific experience. These have a 2-year expiry date. Sales taxes are charged at the time of purchase.
- Gift Cards – Gift Cards have a dollar value that can be used as currency to purchase any experience or product on GiftGator.ca. These never expire and can be personalized and either mailed in a plastic wallet-sized card format or emailed on a specific date. Sales taxes are charged when the Gift Card is used to purchase an item.
Non-refundable, non-transferable credits with a dollar value that can be used as currency to purchase any experience or product on GiftGator.ca. Account credits can be obtained from a refund or exchange of an experience voucher or gift card or provided if an experience is no longer available when the customer wants to redeem them. If they are obtained from an experience voucher, GiftGator account credits carry the same expiry date as the original experience voucher.
Goods & Products
Experiences, Activities & Services.
1. Making a Purchase
2. Gift Experience or Gift Card Refunds
3. Product or Goods Refunds
4. Exchange of GiftGator Experience Vouchers
While the purchaser or recipient of an Experience Voucher may at any time during the validity period make a booking by redeeming the Voucher, they can also make an exchange at no additional charge. If exchanged, you will receive credit on your GiftGator account which you can then use towards any other experience or product on our website.
Conditions of Exchange:
- Exchanges are only permitted for valid Vouchers that have not yet been redeemed, i.e. where an experience date has not yet been requested on the GiftGator system.
- Any Experience Voucher purchased with exchanged credit will maintain the original expiry date of your exchanged Experience Voucher.
- If you exchange your Voucher for an experience of lesser value, any remaining balance will be held in credit on your GiftGator account and will remain subject to the same expiry date as the original voucher. If you exchange for an experience of higher value, you will be required and prompted to pay the difference.
- If you exchange your Voucher for a GiftGator account credit, it will be given for the original amount paid.
We reserve the right to change prices without notice. Taxes include the Goods and Services Tax (GST) at the current rate of 5% in Canada, and an additional 7% Provincial sales tax in BC for products and rentals. Taxes will be clearly shown at the checkout.
GiftGator charges a 3% transaction fee to recover the costs it incurs for all partial refunds. These fees will be clearly displayed to GiftGator customers when receiving their refunds.
6. Lowest Online Price Guarantee
We guarantee that the customer will pay the lowest online price offered by our partnered operators. If the customer can find a lower online advertised price for the same experience offered by the same operator elsewhere online, GiftGator will match it. You will be asked to provide a URL so that we can verify pricing.
7. Transfer of GiftGator Gift Cards
- Gift Cards
All valid and unused GiftGator Gift Cards are fully transferable. GiftGator accepts no responsibility for any stolen or fraudulent Gift Cards. It is the holder’s responsibility to ensure the safe keeping of the Gift Card(s).
- GiftGator Account Credits
These may not be transferred under any circumstances.
8. Expiry of Experience Vouchers and Gift Cards
GiftGator Experience Vouchers remain valid for 2 years from the date of purchase and must be booked and taken within this time frame.
Experience Vouchers are subject to the following;
- If the Experience Voucher is not booked and taken within 12 months the amount paid for the Voucher will be preserved for a further 12 months, but the experience supplier will not be obliged to offer the experience nor to offer the experience at the same price.
- After 12 months, if the price of the experience has increased, an additional amount will need to be paid at the time of booking.
- After 12 months, if the experience is no longer available at GiftGator.ca an Account Credit will be provided for the amount paid for the Voucher and the original expiry date will be transferred to the Account Credit.
After an Experience Voucher has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of GiftGator. Extensions for use of GiftGator Experience Vouchers are not permitted under any circumstances.
The expiry date is clearly displayed on all Experience Gift Vouchers.
GiftGator Gift Cards never expire and can be used for any GiftGator experience or product.
9. Expiry of GiftGator Account Credits
If obtained from an Experience Voucher, GiftGator Account Credits carry the same expiry date as the original Experience Voucher. After Account Credits have expired, they are no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of GiftGator. Extensions for use of GiftGator Account Credits are not permitted under any circumstances.
10. Gift Card Delivery
It is the responsibility of the purchaser to correctly address gifts, whether by email, Canada Post or courier. GiftGator cannot be held responsible for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
A re-delivery charge may apply if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item. In most circumstances where delivery has been attempted but unsuccessful, the item will be taken to the nearest post office or courier office. All attempts will be made to ensure delivery of the gift(s).
Gift Voucher Delivery via Email
- GiftGator is not liable or responsible for any loss suffered as a result of a Gift Cards via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the electronic Gift Card, please contact us immediately so that we can send the Gift Card(s) to an alternative email address. Alternatively, we can change the delivery method which would incur the normal delivery fee of that service if applicable.
Gift Card Delivery via Canada Post
- GiftGator accepts no responsibility for any damage, loss or delay as a result of using Canada Post’s service. If for any reason your Gift Card does not arrive, please contact us immediately to cancel it and we can arrange for a Gift Card to be emailed to you free of charge.
Delivery via Express Post or an Alternate Courier Service
- GiftGator accepts no responsibility for any damage, loss or delay as a result of using courier services. We can provide you with a tracking code for the courier service in the event you need to locate the whereabouts of your delivery.
- A re-delivery charge will apply if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item and the item must be reshipped.
11. Delivery of Direct Ship Items, i.e. GiftGator Gift Products
- Direct Ship items refers to GiftGator Gift Products.
- It is the responsibility of the purchaser to correctly address gifts. GiftGator cannot be held responsible for any damaged, missing or delayed orders where:
- Incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
- It has been requested that the item be left unattended.
- We strongly recommend using a business address for delivery. Residential addresses may cause missed delivery issues.
12. “Experience Providers”
- Experience Vouchers are sold by GiftGator as agent for businesses that provide lifestyle and recreational services to customers, i.e. the ‘Experience Providers’.
- GiftGator is not a provider of such services or experiences and has no responsibility for any services or experiences provided or not provided by the Experience Provider or any other party.
- The Experience Providers provide services directly to the customer.
- Any changes to your booking must be made directly with the Experience Provider.
- GiftGator makes no warranty or representation regarding the services to be provided to you by the Experience Provider.
- All GiftGator Experience Vouchers are issued subject to the terms and conditions of each Experience Provider as well as these GiftGator terms and conditions.
- GiftGator does not control the business operations of any Experience Provider.
- It is the independent Experience Provider who provides the experience to you following the redemption of an Experience Voucher. The independent Experience Provider accepts responsibility for compliance with Canadian Consumer Law in respect of these services. Subject to the Experience Provider’s recommended booking notice period, cancellation policy or weather guidelines you may be entitled to an alternate date for the experience, you may convert the experience to a GiftGator Account Credit, or a refund in whole or part of the purchase price may be offered, depending on the circumstances of each case.
- If you fail to show at the booked time or on the booked date of your experience, GiftGator cannot offer a full or partial refund or credit, nor can the Experience Provider.
13. GiftGator Liability
The customer/participant pledges that no claim or legal action will be initiated against GiftGator, Okanagan Adventures Ltd., its clients, its agents, employees, instructors, and/or personnel, due to any costs incurred due to rescheduling a booking or due to any accident or injury sustained while undertaking an experience booked through GiftGator.
The participant further agrees that GiftGator has no liability for any act, omission or default, whether negligent or otherwise of any Experience Provider or third party; no liability for any loss or damage occasioned by any negligent act or omission of any experience provider or third party; and where GiftGator’s liability cannot be excluded, such liability is limited to the value of the Gift Card or Experience Voucher purchased.
The Participant unconditionally agrees to fully indemnify GiftGator, Okanagan Adventures Ltd., and all its servants, agent’s, clients, directors and employees against any injury, damage or accident that may be sustained by the customer/participant, while participating in experiences booked through GiftGator or the Experience Providers who offer various services to GiftGator including experiences won as prizes.
The customer/participant warrants that he/she does not suffer from any medical condition and/or incapacity which may impair his or her ability to participate in GiftGator’s experiences and further, that the customer/participant does not suffer from any heart condition, epilepsy or other medical condition which may result in the customer/participant potentially placing himself/herself in a position of risk, by undertaking experiences booked through GiftGator.
14. Availability of Experiences
All experiences are offered by Experience Providers subject to availability. Bookings are recommended to be made at least 3 weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalized until you have received a confirmation of your booking from the Experience Provider. Please be advised that most experiences display availability dates on the website. These dates are guidelines only and are subject to change. We suggest that if you plan to purchase an Experience Voucher for a date listed on very short notice, you contact us to ensure there is still availability before completing the transaction.
All GiftGator experiences are subject to removal from our website at any time without notice and GiftGator accepts no liability for the removal of experiences from our website.
If an experience is removed from the site and the Experience Provider is no longer honoring bookings, a GiftGator Account Credit for the value of the Experience Voucher will be given to the holder of the voucher. The GiftGator account credit will have the same expiry date as the original experience voucher
Where a refund is granted, the refund will be processed back to the purchaser only for the original amount paid excluding any delivery and transaction fees. In the event of a partial refund, for whatever reason, GiftGator will charge a 3% transaction fee to recover the costs incurred. Where the original purchase was made with a GiftGator Gift Card, Experience Voucher or Account Credit, it can only be exchanged for a GiftGator account credit.
We are unable to refund the recipient of an Experience Voucher under any circumstances and as an alternative, an exchange will be offered. A GiftGator Account Credit for the amount paid for the original Experience Voucher will be added to the recipients GiftGator Customer Account.
15. Contact Details Given to Experience Providers
It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the experience booking process on the GiftGator website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience. As the Experience Provider will be expecting you, you may end up forfeiting your Experience Voucher (subject to the experience provider’s terms and conditions).
16. Booking Cancellations
17. The Weather
18. Complaints or Problems During Your Experience
If you have a problem or a complaint on the day of your experience, please bring this to the Experience Provider’s attention immediately so that issues may be addressed on the spot, where possible.
Some of the experiences that we promote as an agent can be considered dangerous. Prior to ordering or participating in any experience you should be aware of the risks involved. GiftGator can provide further information if you are in any doubt about any experience. Experience providers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever. The responsibility rests with you to make independent inquiries with the Experience Provider or other third parties as to the need to acquire your own insurance coverage.
20. Descriptions of Gift Experiences
Independent Experience Providers provide the information about their experiences. We try to ensure that our promotional information is accurate and up-to-date; however the content or format of some experiences may change slightly from time to time. The Experience Provider (upon confirmation of each booking) will provide the final details about each experience. The Experience Provider will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the Experience Provider’s terms and conditions at the time your booking is confirmed by the Experience Provider.
21. Experience Session Length
Experience lengths are approximate and are given by Experience Providers as a guide to the total time you will be at their venue. Unless otherwise stated, you will normally take your turn with the Experience Provider’s other customers and there may be waiting time involved. Any itinerary provided to you is indicative only and the order of events may change.
22. Restrictions on Taking Experiences
Certain experiences provided by Experience Providers are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page and in your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience or forfeit the experience all together. Please refer to section 16 – Cancellations.
23. Promotional Offers
GiftGator offers promotional discounts and special offers from time to time (‘promotional offers ‘ or ‘promotional codes’). If you have a promotional code, it should be entered at the payment screen where prompted. By redeeming any of GiftGator’s promotional codes or promotional offers, you agree to accept and comply with all the following terms and conditions of use.
- All discounts arising from promotional offers (percentage or dollar discounts) and promotional codes are applied to transactions only after any GiftGator account credits are used.
- Promotional codes may carry a minimum spend value.
- Promotional offers and promotional codes cannot be used in conjunction with Gift Cards.
- If you have been provided a valid promotional code, you must enter it into the designated field in the shopping cart, otherwise your discount will not be applied.
- Promotional codes must be used before the designated expiration date. No extensions will be allowed under any circumstances.
- Promotional codes and promotional offers cannot be combined.
- Unless otherwise specified promotional codes may only be used once per person.
- Where multiple promotional codes are offered, only one can be used per transaction.
- GiftGator reserves the right to remove any promotional offer or promotional code without notice at any time.
- Promotional offers and promotional codes may be subject to additional terms and conditions as specified in the relevant promotion from time to time, including but not limited to subscription to the GiftGator newsletter.
24. Other Information
The text and illustrations (including photographs) used by GiftGator are protected by copyright and must not be copied in whole or in part without the express permission of GiftGator.
25. GiftGator Legal Entities
The GiftGator website, www.giftgator.ca is owned and operated by GiftGator and Okanagan Adventures Ltd. We reserve the right to change these terms and conditions without notice.
By submitting any content to GiftGator, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights of the content of your review, and the content of your review does not infringe any third party’s rights.
- For any content that you submit, you grant GiftGator a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, publish, and/or distribute such content without compensation;
- All “moral rights” you may have in such content have been voluntarily waived by you and agree you have no objection to the publication, use, modification or deletion of your content by GiftGator;
- You are at least 19 years old if completing a review for an experience that includes alcohol;
- You have not been compensated or granted any consideration by any third party for your review, and that you are providing your review in good faith;
- The content you provide to GiftGator: is not false, inaccurate or misleading; does not violate any law, statute, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
- The content you provide does not contain any of the following types of content or violates other guidelines: obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, “spam” content, or references to other products, offers, or websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors.
You agree to indemnify and hold GiftGator (and Okanagan Adventures Ltd. and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
By submitting your email address in connection with your rating and review, you agree that GiftGator and its third-party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
From time to time GiftGator may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to GiftGator that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.
REVIEW WRITING GUIDELINES – We want to publish your review, so please:
- Focus on the product you have purchased or experienced and your individual experience using it
- Provide details about why you liked or disliked a product or experience
- Talk specifically about the experience – likes and dislikes
- Avoid anything that could be offensive
- Omit any personally identifying information, such as names
- Avoid writing about customer service, contact us instead if you have issues requiring immediate attention
- Refrain from mentioning company names, competitors or the specific price you paid for the product.