TERMS & CONDITIONS
GIFT CARD TERMS AND CONDITIONS
The following agreement (the “Agreement”) contains all the terms and conditions applicable to the resolveCBD gift card (“Gift Card”) and is made between Lifted Loon dba resolveCBD (“we”, “our or “us”) and the cardholder who has purchased, received or is using the Gift Card (“you” or “your”).
By purchasing, accepting or using the Gift Card, and in consideration for your right to use the Gift Card, you acknowledge that you have read, fully understand and agree to be legally bound by the terms and conditions of this Agreement and to comply with all applicable laws and regulations as they may change from time to time.
- Purchasing your Gift Card.
All Gift Cards must be purchased in Canadian dollars. All amounts loaded onto your Gift Card are held and denominated in Canadian currency. The loaded amount will appear on your Gift Card immediately. You may not load more than $500 worth of value to your Gift Card and the minimum amount that may be loaded onto your Gift Card is $10. The dollar value that you load onto your Gift Card constitutes a prepayment for goods and services and can only be used for online purchases at www.resolvecbd.ca. All Gift Card sales are final. You cannot cancel an online Gift Card order once it has been paid for.
We reserve the right, in our sole discretion, not to accept, load or issue any Gift Card, or to otherwise limit the use of any Gift Card, for any reason whatsoever, including if we reasonably believe that use of the Gift Card is unauthorized, fraudulent, or otherwise unlawful.
- Risk of Loss
Ownership and risk of loss of the Gift Card will be passed on to you as soon as the purchase has taken place and the confirmation is emailed to the email address you provided. You are responsible for ensuring that all delivery information is correct and accurate. We are unable to correct delivery information after a Gift Card order has been confirmed. You agree that we are not responsible for Gift Cards that are not delivered or not received due to inaccurate delivery information.
If you have not received an email confirming your purchase of the Gift Card to the email address you provided within 24 hours of your purchase, please contact us at [email protected].
You agree to protect your Gift Card against loss, theft, or unauthorized use by taking all reasonable precautions. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law. You agree to be responsible for all transactions associated with your Gift Card, including unauthorized transactions. You agree that we are not responsible for and have no liability for lost or stolen Gift Cards.
- Limitations; No Interest, Insurance, etc.
Gift Cards cannot be used to purchase other Gift Cards. No interest, dividends, or any other earnings on the value of the Gift Card will accrue or be paid or credited to you by us. No credit card, credit line, or overdraft protection is associated with the Gift Card. The value associated with the Gift Card is not a deposit and is not insured. No implied warranties attach to the Gift Card, subject to applicable law.
The Gift Card is not reloadable, refundable, or redeemable for cash or credit, except as set out herein or unless required by applicable law. Products purchased using a Gift Card and returned in accordance with our shipping and returns policy (located at https://resolvecbd.ca/shipping-returns/) will be refunded by issuance of a new Gift Card or refunded to your credit or debit card at our sole discretion.
- No Fees or Expiration
We do not charge any fees for the issuance, activation, or use of your Gift Card and your Gift Card has no expiration date.
The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by applicable law.
If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.
- Receipts and Statements
You will not be sent statements of itemized transactions from your Gift Card. You can check the balance of your Gift Card by visiting www.resolvecbd.ca. The balance for your Gift Card will also appear on your receipt after using it for purchases at www.resolvecbd.ca.
- Billing Errors and Corrections
We reserve the right to correct the balance of your Gift Card if we believe that a clerical, billing, accounting or other error has occurred. We shall have no liability for any billing error unless you provide us written notice within sixty (60) days of the date of the transaction in question.
- Cancelling or Refusing a Gift Card
You agree to monitor your Gift Card transactions and account balances closely. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a deactivated or cancelled Gift Card.
Gift Cards purchased from sources other than www.resolvecbd.ca may not be valid. We are not responsible for honouring Gift Cards purchased through unauthorized sellers.
- Amendments to this Agreement
We reserve the right to amend this Agreement and our Gift Card program at any time, including any rights or obligations you or we may have. We will post the terms and conditions of the amended Agreement on our website at www.resolvecbd.ca. Subject to applicable law, any amendment will become effective on the date we post the amended Agreement on our website or as otherwise stated in the amended Agreement. Unless we state otherwise, the amendments will apply to your future and existing Gift Cards. You are deemed to accept the amendments if (a) you do not notify us to the contrary in writing within 30 days of the date of our posting such amendment or such other time specified in the notice or (b) you use your Gift Card after such notice period. If you do not accept the amendments, your Gift Card will be cancelled and, upon written request, any amounts remaining on your Gift Card will be refunded to you.
- Suspension or Termination of this Agreement
We may suspend or terminate this Agreement in whole or in part at any time and for any reason or no reason without notice or liability to you, including in connection with the termination of our Gift Card program. If we terminate this Agreement without cause, we will refund or issue credits equal to the balance held in your Gift Card.
- Disclaimers; Limitation of Liability
WE, OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE TO YOU.
WE DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCEPTED OR THE GIFT CARD PROGRAM WILL ALWAYS BE ACCESSIBLE.
YOU AGREE THAT WE, OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, USE OR DATA) DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATED TO OR IN ANY WAY CONNECTED WITH (A) THIS AGREEMENT, THE GIFT CARD OR ANY PURCHASE MADE WITH THE GIFT CARD, (B) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, (C) ANY CIRCUMSTANCES BEYOND OUR CONTROL, (D) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE, (E) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION OR (F) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY THROUGH NO FAULT OF OURS, IN EACH CASE WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE, OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE, OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.
YOU FURTHER AGREE THAT IN THE EVENT THAT WE, OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD IMMEDIATELY PRIOR TO THE TIME AT WHICH SUCH DAMAGES AROSE.
At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. This Agreement will remain binding on you and your respective heirs, executors, administrators, successors, representatives and permitted assigns.
- Entire Agreement; Severability; No Waiver; Headings
This Agreement is the complete and exclusive statement of agreement between you and us and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be deemed to have been amended or severed to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
- Governing Law and Jurisdiction
If you are not a resident of Quebec, you agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, notwithstanding any conflict of law rules, and irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in Toronto, Ontario in relation to all disputes arising from or related to this Agreement, your use of the Gift Card and any related matters.
If you are a resident of Quebec, you agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, notwithstanding any conflict of law rules, and irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in Montreal, Quebec in relation to all disputes arising from or related to this Agreement, your use of the Gift Card and any related matters.
You have expressly requested that this Agreement and all related documents, including notices, be in the English language. Vous avez expressément demandé que le présent contrat et tous documents et affaires, y compris tout avis, soient rédigés en langue anglaise.
- Questions or Notices
If you have any questions or wish to send us any notice regarding this Agreement or your Gift Card, please email [email protected] with all enquiries.