myLocalism.ca Gift Card Terms and Conditions
Last updated: October 6, 2022
myLocalism.ca Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services at www.myLocalism.ca. Your myLocalism.ca Balance displays the total remaining balance of all Gift Cards that have been applied to your myLocalism.ca account but not yet applied to a purchase. We may refer to your myLocalism.ca Balance as your "myLocalism Balance", "Gift Card balance" or "GC Balance". Purchases are deducted from your myLocalism.ca Balance. Any unused myLocalism.ca Balance will remain associated with your myLocalism.ca account. If a purchase exceeds your myLocalism.ca Balance, the remaining amount must be paid with another payment method. myLocalism, Inc. or its affiliates ("we", "us", and "our") may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. To view information regarding your myLocalism.ca Balance, visit Your Account on myLocalism.ca. No fees apply to Gift Cards.
Neither your myLocalism.ca Balance nor your Gift Card may be applied to the purchase of products at any website other than the website(s) listed in Section 1 above. Your myLocalism.ca Balance cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your myLocalism.ca Balance may be transferred to another myLocalism.ca account.
Items purchased with your myLocalism.ca Balance that are returned for a refund are subject to our Refund Policy.
4. Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible if any Gift Card is lost, stolen or destroyed, or your myLocalism.ca Balance or any Gift Card is used without your permission.
5. Use of myLocalism.ca Balance or any Gift Card in Violation of these Terms & Conditions
We will have the right to void Gift Cards or any other component of your myLocalism.ca Balance, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied to a myLocalism.ca account (or your myLocalism.ca Balance is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these terms and conditions.
6. Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR myLocalism.ca BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any dispute or claim relating in any way to Gift Cards or your myLocalism.ca Balance will be resolved by binding arbitration through mediation with Canadian Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
8. General Terms
The myLocalism.ca Conditions of Use apply.
When you purchase, receive or apply a Gift Card to your account or your myLocalism.ca Balance to a purchase, you agree that the laws of the Province of Ontario and the federal laws of Canada, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and myLocalism, Inc. and its affiliates related to your use of a Gift Card or your myLocalism.ca Balance. We reserve the right to change these terms and conditions from time to time at our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
9. myLocalism.ca Balance Expiration
The portion of your myLocalism.ca Balance made up of Gift Cards does not expire and may be applied to your myLocalism.ca account and applied to eligible purchases despite any stated expiration date].