EVERYDAY PEOPLE YAY INC. (“EP YAY”)

TERMS & CONDITIONS

 

  1. INTRODUCTION

EP YAY, its parent, subsidiaries, affiliates, or any of their respective employees, agents, officers, directors, or third-party service providers (collectively “EP YAY”, “we”, “us” and “our”), provides the YAY Moments App through its online or mobile device application (the “YAY Moments App”) and portal (the “Portal”).

  1. SCOPE

These terms and conditions (the “Terms”) set forth are the Terms that apply to any YAY Moments App User (“you”, “your” or “User”) that uses or accesses the YAY Moments Website, App and/or Portal. The Terms extend to any future updates or supplements to the YAY Moments Website, App or Portal, unless such updates or supplements come with additional terms and conditions, in which case those terms apply in addition to these Terms. If there are inconsistencies between these Terms and the terms of an applicable update or supplement, then the latter shall prevail. 

Any and all information received from you and your access or use of the YAY Moments Website, App or Portal will be subject to EP YAY’s privacy policy (“Privacy Policy”), which shall form part of the Terms.

  1. DEFINITIONS

Capitalized words not otherwise defined in these Terms have the following meanings:

  1. “Access Information” collectively a PIN, online Username, password, and any other security information used to access the YAY Moments Website, App or Portal;

 

  1. “Confidential Information” means all information, data, materials, intellectual property, personal and financial information relating to a party or its business, strategies, pricing, personnel, suppliers, technology, products or services, but excludes information that the party receiving Confidential Information (“Recipient”) can demonstrate: (a) was lawfully in its possession before receiving it from the disclosing party (“Discloser”); (b) was provided in good faith to it by a third-party without breaching any of Discloser’s rights or any rights of a third-party; (c) is or becomes generally available to the public through no fault of the Recipient; or (d) was independently developed or discovered by Recipient without use of or reference to Discloser’s Confidential Information;

 

  1. “Merchant” means a merchant who has engaged EP YAY to offer the sale of gift certificates for redemption towards purchase of their products;

 

  1. “Service Provider” means a service provider who has engaged EP YAY to offer the sale of gift certificates for redemption towards purchase of their services;

 

  1. “Use of the YAY Moments Website, App or Portal means the use of the YAY Moments Website, App and Portal to purchase gift certificates for redemption towards purchase of any products or services offered by Merchants or Service Providers respectively;

 

  1. “User” means any member of the public using the YAY Moments Website, App and Portal.

 

  1. ACCEPTANCE

By using or accessing the YAY Moments Website, App or Portal, you acknowledge and confirm that you have read, understand, and agree to be bound by these Terms and EP YAY’s Privacy Policy, as may be amended from time to time. You understand that these Terms are an agreement between you, as an YAY Moments Website, App and Portal User, and EP YAY. EP YAY alone shall have the right to enforce any of these Terms. If you do not agree with the Terms, you shall cease all access and use of the YAY Moments Website, App and Portal.

EP YAY has the right to revise these Terms at any time without prior notice by posting an updated version on: https://yaymoments.com/CA. Your continued use of the YAY Moments Website, App and Portal shall be deemed irrevocable acceptance of those revisions. It is your responsibility to review the Terms prior to using the YAY Moments Website, App and/or Portal. At any time, EP YAY may (i) revoke your use or right to use of the YAY Moments Website, App and/or Portal for any reason, (ii) modify or discontinue, temporarily or permanently, the YAY Moments Website, App and/or Portal (or any part thereof) with or without notice.

The YAY Moments App provides access to gift certificates for various products and services of Merchants and Service Providers who have engaged EP YAY to offer gift certificates for redemption towards purchase of their products and services. In that regard, these Terms apply only to the access to and use of the YAY Moments Website, App and/or Portal, and do not apply to any specific product or service offered by Merchants or Service Providers. Any claim you may have with respect to a product or service offered by a Merchant or Service Provider would be made directly with that Merchant or Service Provider, and not through EP YAY, or the YAY Moments Website, App or Portal. 

5. ADDITIONAL TERMS THROUGH SPECIFIC PRODUCTS OR SERVICES

The YAY Moments Website, App and Portal provide you access to purchase gift cards for redemption towards purchase of products and services offered by Merchants and Service Providers. This access includes the purchase, exchange or refund of gift cards. 

Each product and service will have unique instructions and disclosures with respect to the purchase and redemption of gift cards (“Specific Documentation”) which may be provided by EP YAY, or a Merchant or Service Provider, depending on the product or service. Where you have purchased a gift card for redemption towards a product or service, you agree to be bound by the terms and conditions of the Specific Documentation related to that product or service, whether such Specific Documentation is delivered to you through the YAY Moments Website, App or Portal, or through another means of communication. Any limitations or disclaimer of liability regarding the YAY Moments Website, App and/or Portal shall be governed by these Terms.

Where the Specific Documentation relates to a Merchant or Service Provider that is not EP YAY, EP YAY disclaims all warranties, either express or implied, concerning the accuracy, reliability, timeliness, or suitability for any purpose, of the information contained in or referenced to in such Specific Documentation and expressly disclaims liability for errors or omissions in such information and material contained in the Specific Documentation. Any person accessing or using such Specific Documentation accepts and assumes all risks relating to the accuracy or reliability, or arising from the use of, the information and materials related to such Specific Documentation. For clarity, any such Specific Documentation shall be considered third-party information for which EP YAY provides access, however makes no representations, warranties, or endorsements therefor. If you have any concerns or claims with respect to the Specific Documentation related to a Merchant or Service Provider that is not EP YAY, you must contact the respective Merchant or Service Provider.

6. DISCLAIMER AND LIMITATION OF LIABILITY

The YAY Moments Website, App and Portal are provided on an “as is” and “as available” basis. You expressly understand and agree that the use of the YAY Moments Website, App and/or Portal is at your sole risk. To the extent permitted by law, EP YAY disclaims all warranties, either express or implied, concerning the accuracy, reliability, timeliness, or suitability for any purpose, of the information contained in or referenced to the YAY Moments Website, App or Portal and expressly disclaims liability for errors or omissions in this information and material. Any person accessing or using the YAY Moments Website, App or Portal accepts and assumes all risks relating to the accuracy or reliability, or arising from the use of, the information and materials available on the YAY Moments Website, App or Portal. The YAY Moments Website, App and/or Portal are intended to provide information regarding products or services for which gift cards may be purchased. The Specific Documentation for any such product or service will govern the transaction related to that product or service.

Although we make reasonable efforts to update the information on the YAY Moments Website, App and Portal, we make no representations, warranties or guarantees, whether express or implied, concerning the accuracy, reliability, timeliness, or suitability for any purpose, of the information contained in or referenced to in the YAY Moments Website, App or Portal. Further, by accessing and using the YAY Moments Website, App and/or Portal, you agree that EP YAY expressly disclaims liability for errors or omissions in this information and material. Any person accessing or using the YAY Moments Website, App and/or Portal accepts and assumes all risks relating to the accuracy or reliability, or arising from the use of, the information and materials available on the YAY Moments Website, App and/or Portal. In particular, EP YAY expressly disclaims any liability for errors or omissions in information related to products or services by a Merchant or Service Provider when that information was provided by the Merchant or Service Provider, either separately or through Specific Documentation. Where a Merchant or Service Provider’s information is inaccurate, unreliable or incorrect, you must seek relief from the Merchant or Service Provider, and you expressly release EP YAY of any liability for same. 

EP YAY makes no warranty of any kind, implied, expressed, or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, trojan horse, bugs or malware is given in conjunction with the information and material on the YAY Moments Website, App and/or Portal. It is your responsibility to ensure you are always using the most current version of the YAY Moments App and to verify any information accessible through the YAY Moments Website, App or Portal, which includes Specific Documentation from a Merchant or Service Provider that is not EP YAY. It is your responsibility to implement any safeguards you consider prudent to protect your systems, mobile phone, tablet, computer and data from any computer virus, trojan horse, bugs, malware or other destructive code/program. EP YAY also assumes no responsibility or liability for the deletion or failure to store, or access, or to store or access properly, your information. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained with respect to your use of the YAY Moments Website, App and/or Portal, even if you have paid for virus protection services.

EP YAY does not endorse, recommend, or favour the products, supplies or services of any Merchant or Service Provider that may be referred to in the YAY Moments Website, App and/or Portal. EP YAY disclaims all warranties, representations, and conditions regarding the use of the YAY Moments Website, App and Portal or their respective contents, including all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage, or trade practice. You understand that you are using the YAY Moments Website, App and/or Portal at your own discretion and sole risk and EP YAY does not warrant that the provision of the YAY Moments Website, App and Portal complies with the laws of any country except for Canada.

EP YAY will not have any liability for any special, incidental, consequential, direct, or indirect losses or damages, or any other damage or loss claimed either in contract, negligence, extracontractual liability or tort including, without limitation, punitive damages arising out of the use of the YAY Moments Website, App or Portal and the information contained therein, or arising out of the inability to use the YAY Moments Website, App or Portal. For further clarity, to the extent permitted by law, EP YAY shall not be liable to you for any loss or damages, whether foreseeable or not, arising under or in connection with:

  1. Use of, or inability to use, the YAY Moments Website, App and/or Portal to access gift cards for products or services, including any failure or delay in providing any gift card to you through the YAY Moments Website, App and/or Portal due to matters beyond reasonable control;
  2. Rejection of your purchase of a gift card for any product or service in the YAY Moments Website, App and/or Portal;
  3. Any breach of contract or misrepresentation by a Merchant or Service Provider who is not EP YAY;
  4. Any failure or fault in the product or service purchased from a Merchant or Service Provider who is not EP YAY;
  5. Any failure to deliver or delay in delivery of the gift card by EP YAY, or product or service by a Merchant or Service Provider, as the case may be; and
  6. Any virus, denial-of-service attack, or any technologically harmful material that may infect your computer, mobile phone, tablet or other system due to your use of or access to the YAY Moments Website, App or Portal, or due to you downloading any content from the YAY Moments Website, App or Portal, or use or access to any third-party sites linked in the YAY Moments Website, App or Portal.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EP YAY, which, as noted above, includes all their affiliated companies, employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including all legal fees and costs on a client and solicitor basis) they may suffer or incur as a result of (i) any claim  by you, (ii) any failure by you to comply with these Terms or any misuse of the YAY Moments Website, App or Portal; (iii) any warranty or representation made by you being false or misleading; (iv) any representation or warranty made by you to any third person other than as specifically authorized by these Terms, (v) negligence of you, or (vi) any alleged or actual violations by you of any payment card association rules, governmental laws, regulations or rules, or rights of any third party.

This indemnification shall survive these Terms and your use of the YAY Moments Website, App and Portal.

 

8. ELECTRONIC SIGNATURE CONSENT

You agree to receive all Disclosures, communications, notices, agreements and other information electronically that EP YAY may send to you or be required to send to you under applicable law or otherwise (the "EP YAY Electronic Signature Consent") pursuant to these Terms. 

9. SCOPE OF CONSENT

Your EP YAY Electronic Signature Consent applies to any transactions undertaken by you with us, including use of the YAY Moments Website, App and/or Portal, any communication from us to you, including but not limited to all Disclosures, communication, notices, agreements and other information required to be given to you, including any information required by law to be provided either before or after a gift card for a product or service is issued, or any information to be provided to you, as outlined in any agreement(s) you have entered into with EP YAY, and pertaining to any transaction or use of the YAY Moments Website, App or Portal, or any product or services offered through the YAY Moments Website, App or Portal, whether now or in the future (the “Disclosures”). 

Such Disclosures may be given to you on the YAY Moments Website, App or Portal, as an update to your account, or through adverse action notices. Your EP YAY Electronic Signature Consent will remain in effect from the time you initially apply for an YAY Moments Portal, until such time as your Portal is terminated and once terminated, will continue until such a time as all Disclosures relevant to your account have been satisfied.

10. MEANS OF COMMUNICATION

EP YAY may send any Disclosures or any other updates to you via email to the email address that you may have provided or via SMS text message that you may have provided. We may also post Disclosures to your account in the Portal. You agree to keep EP YAY updated to any change in contact information. You further agree that EP YAY is not responsible for your failure to receive any Disclosures or information due to your failure to notify EP YAY of a change to your contact information. Certain Disclosures may also be posted to EP YAY’s website(s) and you agree such posting shall be deemed delivered to you. Any Disclosure, updates or other information delivered to you by email or text message in accordance to this section shall be deemed delivered on the date of transmission. By using the YAY Moments Website, App and/or Portal, you agree and acknowledge that you can access, receive, and retain all Disclosures electronically sent via email or to your mobile number or posted on EP YAY’s website(s) or on the Portal or on the YAY Moments App. Any Disclosures, updates or information sent to you in accordance with these Terms shall be deemed delivered as of the date of transmission.

11. LEGAL EFFECT OF CONSENT

By pressing buttons or ticking boxes titled "Apply", "Accept and Checkout", "Submit", "Confirm", "Verify", "I Agree" or similar buttons and boxes indicating your authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. This applies to any documentation EP YAY sends to you in accordance with the Terms. By using our products and services, you waive all defenses you may have that product or services, together with any related agreements, Disclosures, or information, and the Privacy Policy were supplied to you in electronic form or that your signature or agreement to same was obtained electronically.

 

12. YAY MOMENTS WEBSITE, APP AND/OR PORTAL USE AND ACCESS

EP YAY hereby grants you permission to use and access the YAY Moments Website, App and/or Portal in accordance the Terms, based on the following representations, warranties and covenants that you hereby provide:

  1. You shall only use the YAY Moments Website, App and Portal for your personal use;
  2. You are of the age of majority in your province or territory of residence;
  3. You are a permanent resident in Canada for all purposes, including immigration and tax purposes;
  4. You are eligible to use the products and services available through the YAY Moments Website, App or Portal;
  5. You shall comply with the Terms at all times;
  6. You shall register for a Portal using only your personal information that is accurate and true;
  7. You shall provide EP YAY with current and accurate information, including any changes to same.

With regards to the YAY Moments Website, App and Portal, you agree that you will not:

  1. Use the YAY Moments Website, App and/or Portal or their content in a way that could damage them;
  2. Interfere with YAY Moments Website, App and/or Portal security;
  3. Disrupt or interfere with another person’s use of the YAY Moments Website, App and/or Portal;
  4. Use or attempt to use another person’s Access Information, account, password, or system without prior written authorization from EP YAY;
  5. Distribute, copy, or otherwise make available any content or other materials from the YAY Moments Website, App and/or Portal for commercial exploitation without the express written permission of EP YAY;
  6. Violate, infringe or misappropriate any right, including but not limited to intellectual property rights, of any third party;
  7. Use the YAY Moments Website, App and/or Portal or the information on it to send any type of mass communication;
  8. Use the contact information on the YAY Moments Website, App and/or Portal to send communications of illegal, sexual, racist, discriminatory, or otherwise inappropriate nature to any person or entity, as EP YAY determines in its sole discretion;
  9. Use the YAY Moments Website, App and/or Portal or any content thereon that may be considered defamatory or otherwise malicious or harmful to any person or entity, as EP YAY determines in its sole discretion;
  10. Use the YAY Moments Website, App and/or Portal or any content thereon in any manner that is unlawful in the jurisdiction that you reside and/or operate in or in the governing law jurisdiction of these Terms;
  11. Attempt to gain unauthorized access to the restricted areas of the YAY Moments Website, App and/or Portal;
  12. Manipulate identifiers to disguise the origin of any content transmitted on or through the YAY Moments Website, App and/or Portal or the source of any content;
  13. Mislead or deceive or impersonate any person, or misrepresent your identity or affiliation with any person, including EP YAY or its service provider;
  14. Interfere with or disrupt the YAY Moments Website, App and/or Portal or servers or networks connected to the YAY Moments Website, App and/or Portal, or disobey any requirements, procedures, policies, or regulations of our networks connected to the YAY Moments Website, App and/or Portal;
  15. Upload, download, transmit, or otherwise make available to EP YAY or any other person through the YAY Moments Website, App and/or Portal any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
  16. Collect or harvest any information or data from the YAY Moments Website, App and/or Portal, or attempt to decipher any transmissions to or from the servers running the Website.

Any of the foregoing, or any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your access to and use of the YAY Moments Website, App and/or Portal, at EP YAY’s sole discretion. Such termination of access and use shall not limit EP YAY’s right to seek damages at law or in equity.

13. ACKNOWLEDGEMENTS

By accessing and using the YAY Moments Website, App and/or Portal, you acknowledge and understand that:

  1. EP YAY provides online platform(s), such as the YAY Moments Website, App and Portal, which allow consumers, merchants (“Merchant”) or service provider (“Service Provider”) and EP YAY to connect at point of purchase and afterwards for products and services offered by EP YAY, a Merchant or Service Provider;
  2. In order to use the YAY Moments App, you must register within the App;
  3. In order to use the YAY Moments Portal as a merchant or business, you must register on the YAY Moments Website;
  4. EP YAY is not providing, and does not provide, any advice or consultation on your purchase of a gift card for redemption by a Merchant or Service Provider and you should instead consult the respective Merchant or Service Provider for specific questions relating to your purchase;
  5. For details of any terms or conditions related to a product or service, including your right of cancellation or refund of a gift card following use of same towards the purchase of a product or service, you must refer to the relative Merchant or Service Provider;
  6. You agree to keep EP YAY informed of any changes in your email address or mobile number so that you can continue to receive all Disclosures in a timely fashion. If your registered email address, registered address, or mobile number changes, you agree to notify EP YAY of the change immediately;
  7. If you have any questions or if you have any complaints, you may email us at privacyca@yaymoments.com.

14. HARDWARE AND SOFTWARE CAPABILITIES REQUIRED

In order to use the YAY Moments Website, App or Portal, you must have the required hardware and software capabilities:

  1. A valid working email account that you keep secure;
  2. A mobile device capable of receiving text messages and that you keep secure;
  3. Access to a computer, operating system and telecommunication connection to the internet capable of receiving, accessing and displaying information electronically;
  4. Updated internet browser such as the current and previous major releases of Chrome, Firefox, Internet Explorer, or Safari;
  5. Sufficient electronic storage capacity;
  6. Adobe Acrobat or equivalent software to access PDF.

15. LICENSING

By installing the YAY Moments App and any updates related to the YAY Moments App, you agree to be bound by these Terms, including the specific terms related to this grant of license. If you do not agree to be bound by these terms, including the specific terms of this licensing section, then you must not install the YAY Moments App or, if already installed, immediately uninstall and delete all copies of the YAY Moments App from your mobile device, computer, tablet or any other devices or systems. 

EP YAY hereby grants a license of the YAY Moments App software, including any updates to same (“License”), to you for the sole purpose of using the YAY Moments App in accordance with the Terms. The License allows you to download the software of the YAY Moments App to your mobile device and/or tablet and allows you to use and access to the YAY Moments App for its intended purposes. The License is non-exclusive and non-transferable and may only be used by you. You are not permitted to rent, lease, sublicense, distribute, make available or grant rights to any person with relation to the License. You are not permitted to make any copy of the YAY Moments App and you may not exploit, reproduce or distribute, or otherwise commercialize the License for your benefit, interest or profit. 

EP YAY shall have the right to limit or cease your access to the YAY Moments App at its sole discretion, including if it determines, in its sole discretion, that you have contravened any portion of the Terms, including the specific terms set out in this section. 

16. PURCHASE OF GIFT CARDS FOR PRODUCTS AND SERVICES

To purchase gift cards for any product or services through the YAY Moments Portal, you must:

  1. Make your purchase using a platform acceptable to EP YAY;
  2. Provide personal information for use in verifying payment arrangements, verifying identity, and performing a risk assessment (such information may include, but is not limited to, your name, date of birth, address, email address, telephone number, bank details or credit card details);
  3. Provide all other information, answer all questions, click all buttons, and tick all boxes as prompted on the platform after you have carefully read and understood the respective information;
  4. Agree to only use the relative product or service for personal use; and
  5. Provide accurate and up-to-date information at all times when using the YAY Moments Website, App and/or Portal.

17. AUTHORIZATION

By purchasing gift cards for any product or services through the YAY Moments Website, App or Portal, you authorize EP YAY and its service providers, as the case may be, to use the information you have provided to assess your payment information and conduct any integrity checks as necessary to ensure payment information is valid.

In doing so, EP YAY agrees to:

  1. Treat your information as confidential and protect your information in accordance with the Privacy Policy;
  2. Comply with the Terms and any terms and conditions relating to provision of a gift card towards the purchase of a product or service from a Merchant or Service Provider.

18. REFUNDS AND CANCELLATIONS

The installation fee of the YAY Moments App (if any) and the registration fee of your account (if any) is non-refundable, even if you subsequently uninstall the YAY Moments App or if EP YAY terminates your access and use of the YAY Moments Website, App or Portal. 

If you wish to request a refund or cancellation of a gift card utilized towards the purchase of any product or service from a Merchant or Service Provider, you must contact the relative Merchant or Service Provider directly to make this request. Should you request a refund or if your order is cancelled, you are subject to the return and refund policies of the relative Merchant or Service Provider. EP YAY will rely solely on the Merchant or Service Provider for the refund or cancellation. Any disputes as to the refund are to be resolved between you and the Merchant or Service Provider.

19. TERMINATION

You may request to terminate and close your Portal at any time by contacting EP YAY. EP YAY will process your request within 30 business days.

EP YAY may terminate or suspend your use of or access to all or any part of your Portal if EP YAY determines, at its sole discretion, or suspects that: 

  1. You have breached these Terms or the terms and conditions of any relative Specific Documentation;
  2. You have made a misrepresentation or false or misleading statement to register your Portal;
  3. All agreements set out in all relative Specific Documentation have been terminated by EP YAY, the Merchant or Service Provider;
  4. The termination of your account is necessary to protect the integrity or security of EP YAY’s systems;
  5. Your account has been inactive for two years or longer.

On termination of your Portal, all rights granted to you under the Terms shall cease and you must immediately cease all activities including your use of the YAY Moments App, Portal, products or services. Following such termination, all provisions of the Terms to the benefit of EP YAY shall remain in force and effect, including any disclaimers, limitation of liability and indemnification. Termination of your Portal shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination by EP YAY, including the right to claim damages in respect of any breach of the Terms or the terms of any Specific Documentation. EP YAY will retain your information in accordance with its Privacy Policy and applicable law.

20. INTELLECTUAL PROPERTY RIGHTS

All intellectual property, including content published or available on the YAY Moments Website, App or Portal (such as the text, scripts, graphics, designs, photos, sounds, music, videos, interactive features, trademarks, trade names, service marks, logos), the software related to the YAY Moments Website, App and Portal, patents, rights to inventions, copyright and related rights, domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part (“Intellectual Property”) are owned or licensed by EP YAY. You agree that the Intellectual Property may be provided to you in connection with your use of the YAY Moments Website, App and/or Portal and you shall not reproduce, redistribute, modify, sell, license, or otherwise exploit the Intellectual Property for any other purposes whatsoever without the express written permission of EP YAY or its licensor. EP YAY reserves all rights not expressly granted in these Terms.

In particular, should you download or use any information found on the YAY Moments App, Portal or any platform or website of EP YAY, you agree to not modify or use content including videos, photographs or illustrations out of context. 

All communications or content including comments, ideas or feedback, submitted to EP YAY via the YAY Moments Website, App, Portal or in any other manner of communication shall also be deemed to be the Intellectual Property of EP YAY. By submitting this type of communication or content, you agree that such submission is non-confidential for all purposes. You agree that EP YAY shall be free to use, reproduce, modify, publish, edit, distribute and display, for any purpose, any ideas, concepts, know-how or techniques contained in such communications or content without restriction or compensation to you. You further covenant that any communications or content submitted to EP YAY shall not infringe or violate any rights of any person or entity and expressly disclaim all Intellectual Property in all forms.

21. PRIVACY POLICY

The Privacy Policy can be found here: https://yaymoments.com/CA/Privacy. The Privacy Policy forms a part of these Terms and your use of or access to the YAY Moments Website, App and/or Portal is your express consent and approval to be bound by the Privacy Policy.

22. NO RELIANCE ON INFORMATION

Information provided on the YAY Moments Website, App or Portal regarding products or services of Merchants or Service Providers is not intended to, nor implied to be, a substitute or validation of the products or services. The content and information on the YAY Moments Website, App and Portal is provided for general information only, and such content and information, including photographs, videos or illustrations, are not intended to be advice on which you should rely. Additionally, any information on the YAY Moments Website, App or Portal regarding health or medical products or services is for general information purposes only and should not be relied upon in making personal medical decisions. It is not intended to, nor implied to be, a substitute or validation for informed medical advice by your physician or other health care professionals. For any specific information regarding any product or service displayed on the YAY Moments Website or App, you should contact the product or service provider directly.

23. THIRD PARTY PROVIDERS 

By using the YAY Moments Website, App or Portal, you may wish to utilize a third-party provider to link your bank account or credit card information when making a payment for a gift card, and you expressly authorize that third-party provider to access your financial accounts on your behalf and to gather information about you. You agree to the transfer, storage, and processing of your information by these third-party providers in accordance with their respective privacy policies. EP YAY shall have no liability to you for any damages or losses you may suffer because of any such third-party provider’s actions or inactions or from inaccurate account information. By using the YAY Moments Website, App or Portal, you expressly discharge EP YAY from any and all liability arising from your use of third parties in order to make payments for gift cards.

24. THIRD PARTY SITES 

The YAY Moments Website, App or Portal may contain links to external third-party websites, entities, content, and products that are provided for your information and convenience only and do not constitute any endorsement or recommendation by EP YAY. If you decide to visit any linked site, you do so at your own risk. EP YAY makes no representations or warranties whatsoever about any third-party websites which you may access from the YAY Moments Website, App or Portal. For clarity, EP YAY is not responsible for the content of third-party sites hyperlinked from the YAY Moments Website, App or Portal, nor does it guarantee the products or services offered on third-party sites. By using the YAY Moments Website, App or Portal, you expressly discharge EP YAY from any and all liability arising from your use of any third-party site.

EP YAY is not responsible for the availability of any other site to which the YAY Moments Website, App or Portal may link to. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other site. Under no circumstances will EP YAY be held responsible or liable, directly, or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connections with your use of, or reliance on, any content, goods or services available on any third-party site.  Additionally, you should review the privacy policy of any websites you access before you provide personal or confidential information. You will need to make your own independent judgement regarding your interaction with any third-party sites, including the purchase and use of any products or services accessible through them. 

25. INTERNET TRANSMISSION

EP YAY is committed to protecting the security of our Users. Please keep in mind, however, that no data transmission over the internet or any wireless network can be guaranteed to be 100% secure and it is not confidential. Such data can be intercepted, lost or altered. Since the YAY Moments Website, App and Portal rely on internet transmissions, you expressly accept all risks related to such communications and data transmissions through the YAY Moments Website, App and Portal. Furthermore, EP YAY does not assume any responsibility for use or disclosure of your information that is the result of unauthorized or illegal access to our systems, YAY Moments Website, App or Portal, or those of our service providers.

26. DATA TRANSFER RESTRICTIONS AND AUTOMATED SYSTEMS 

EP YAY reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with any person who uses or accesses the YAY Moments Website, App and/or Portal, including you. Your use of and access to the YAY Moments Website, App and/or Portal may be closed by EP YAY should the total amount of data transfer exceed an amount deemed excessive, in EP YAY’s sole discretion. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the YAY Moments Website, App and/or Portal in a manner that sends more request messages to the EP YAY servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, EP YAY grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EP YAY reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the YAY Moments Website, App and/or Portal, including but not limited to the personal information of any person or persons using or accessing the YAY Moments Website, App and/or Portal.

27. WAIVER

If EP YAY fails to enforce any rights against you or if EP YAY does not insist that you perform any of your obligations under the Terms, the terms of any Specific Documentation, or any agreement with EP YAY, or if there is a delay in doing so, that will not mean that EP YAY has waived its rights against you and will not mean that you do not have to comply with those obligations. If EP YAY does waive a breach or default by you in writing, that will not mean that EP YAY will automatically waive any later breaches or defaults by you.

28. ASSIGNMENT AND OTHER DEALINGS

You may not assign, transfer or deal in any other manner with any or all of your rights under these Terms without the prior written consent of EP YAY. EP YAY may at any time assign, transfer or deal in any other manner with any or all of its rights under these Terms.

29. ENTIRE AGREEMENT

The Terms, together with any Specific Documentation, constitute the entire agreement between you and EP YAY with respect to the YAY Moments Website, App and/or Portal. These shall supersede all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter. However, nothing in the Terms affects the liabilities, rights and obligations between you and a Merchant or Service Provider under the applicable terms and Specific Documentation between you and such Merchant or Service Provider. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms and the other provisions shall remain in full force and effect.

30. GOVERNING LAW AND JURISDICTION

The federal laws of Canada shall govern the interpretation, validity, and effect of these Terms, notwithstanding any conflict of laws principles. You also irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of Alberta for any claim, proceeding or action under the Terms or by EP YAY. Notwithstanding the foregoing, EP YAY may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms are specifically enforceable by EP YAY through injunctive relief and other equitable remedies without proof of monetary damages.

If you wish to make further inquiries, access the information that we have about you, or obtain further information about our privacy policies, please contact us by phone at: 1-888-508-1316; or by email at: privacyca@yaymoments.com; or by writing to us at: 

Everyday People YAY Inc., Attention: Privacy Officer

#450, 11150 Jasper Avenue NW

Edmonton, AB T5K 0C7