Terms of Service

Agreement to Terms

Welcome to SwipeGifts.com ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, mobile application, and gift recommendation services (collectively, the "Service") operated by SwipeGifts.com.

By accessing and using our Service, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this Service.

These Terms apply to all visitors, users, and others who access or use the Service, including those who contribute content, information, and other materials or services on the Service.

Description of Service

SwipeGifts.com provides a gift platform that helps users browse and purchase hand-packed gift boxes matched to the occasion, packed and shipped in Canada and sent with a handwritten card. Our Service includes:

• Occasion-based gift boxes, each a few things matched to the occasion
• Hand-packed gift boxes for various occasions and recipients
• Gift guide blog content and expert recommendations
• Order processing and fulfillment services
• Customer support and account management
• Email marketing and promotional communications

We reserve the right to modify, suspend, or discontinue any part of our Service at any time without prior notice.

User Accounts and Registration

Account Creation

To access certain features of our Service, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Age Requirements

You must be at least 18 years old to create an account and make purchases. If you are under 18, you may use our Service only with the involvement and consent of a parent or guardian.

Account Termination

We reserve the right to suspend or terminate your account at our discretion, with or without cause, and with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Orders, Payment, and Pricing

Order Process

When you place an order through our Service, you agree that:

• You are making a binding offer to purchase the products at the listed price
• All orders are subject to acceptance and availability
• We reserve the right to refuse or cancel any order at our discretion
• Order confirmation does not guarantee product availability
• We will notify you if we cannot fulfill your order

Pricing and Payment

• All prices are displayed in Canadian Dollars and include applicable taxes
• Prices may change without notice, but changes will not affect existing orders
• Payment is due at the time of order placement
• We accept major credit cards and other payment methods as available
• You authorize us to charge your payment method for all fees and taxes

Gift Boxes

Each box holds a few things matched to the occasion, chosen to feel considered. Boxes range from $119 to $349 (Signature $119, Premier $199, Luxury $349) and hold 5 to 7 items depending on size. By purchasing a gift box, you acknowledge that:

• Contents vary by what is in season
• From time to time we may substitute an item if stock runs short
• Each box is packed and shipped in Canada and includes a handwritten card
• Individual item swaps cannot be accommodated after order placement

Shipping and Delivery

Shipping Policy

• We ship to addresses across Canada
• Shipping is free across Canada and typically takes 1 to 3 days once on its way from our Canadian workshop
• We do not offer same-day or expedited shipping
• Risk of loss transfers to you upon delivery to the shipping address
• We are not responsible for packages lost or stolen after delivery

Delivery Requirements

You are responsible for providing accurate shipping information. We are not liable for delays or delivery failures caused by:

• Incorrect or incomplete addresses
• Recipient unavailability
• Weather conditions or natural disasters
• Carrier delays or issues

Returns and Refunds

All Sales Are Final

Our gift boxes contain food, beauty, and other consumable items that cannot be resold, and each box is hand-packed to order. For these reasons, all sales are final. We do not offer refunds, returns, or exchanges once an order has been placed.

Damaged or Incorrect Orders

If your order arrives damaged in transit, or you receive the wrong order, email us at swipeforgifts@gmail.com within 14 days of delivery with your order number and a photo. Where appropriate, we will arrange a replacement of the affected item. This covers shipping damage and fulfillment errors only and does not include a cash refund.

User Content and Conduct

User-Generated Content

You may submit reviews, feedback, photos, or other content ("User Content"). By submitting User Content, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for business purposes.

Prohibited Uses

You agree not to use our Service for any unlawful purpose or in any way that could damage our business or reputation. Prohibited activities include:

• Violating any applicable laws or regulations
• Impersonating others or providing false information
• Harassment, abuse, or harmful behavior toward others
• Distributing spam, viruses, or malicious content
• Attempting to gain unauthorized access to our systems
• Using our Service for commercial purposes without permission
• Collecting user information without consent
• Interfering with the proper functioning of our Service

Intellectual Property Rights

Our Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of SwipeGifts.com and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used without our prior written consent.

User Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Service for your personal, non-commercial use.

DMCA Notice

If you believe that content on our Service infringes your copyright, please contact us at swipeforgifts@gmail.com with a detailed notice including the required DMCA information.

Disclaimers and Limitation of Liability

Service Disclaimers

Our Service is provided "as is" and "as available" without any warranties of any kind. We disclaim all warranties, whether express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or reliability of content
• Security of transmissions or data

Limitation of Liability

To the maximum extent permitted by law, SwipeGifts.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Our total liability to you for any claim arising from or relating to these Terms or our Service shall not exceed the amount you paid us in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless SwipeGifts.com, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit to our Service
• Any activity related to your account

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or our Service shall be resolved through:

• First, good faith negotiation between the parties
• If unsuccessful, binding arbitration under the rules of the ADR Institute of Canada
• Arbitration shall be conducted in Ontario, Canada
• Each party shall bear their own costs and expenses

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

You may terminate your account at any time by contacting customer service or using the account deletion feature in your profile settings.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

Your continued use of our Service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the new terms, you must stop using the Service.

It is your responsibility to review these Terms periodically for changes.

Miscellaneous

Entire Agreement

These Terms constitute the entire agreement between you and SwipeGifts.com regarding our Service and supersede all prior and contemporaneous written or oral agreements.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Contact Information

If you have any questions about these Terms of Service, please contact us: