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Terms of Use

Memorique Gifting Ltd., a province of Alberta Corporation, (“Memorique,” or “we”) provides a platform through which you can send gifts to anyone via Email or through third party integrated services, like Salesforce, Hubspot, or any other CRMs (“Memorique”) to use our service (the “Service”) that connects users looking to send gifts (the “Giftor,”) to a recipient (the “Giftee”). These Terms of Service apply to the use of Memorique and/or the Services by Giftor and Giftee, collectively referred to as “you” or “your.

 

BY USING MEMORIQUE AND/OR THE SERVICES YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THESE TERMS OF SERVICE (“TERMS”) DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE MEMORIQUE AND/OR SERVICES.

 

This is a legal agreement between you and us that states the material terms and conditions that govern your use of the Services. This Agreement, together with all updates, supplements, additional terms, and all of our rules and policies collectively constitute this agreement between you and Memorique (“Terms” or “Agreement”).

 

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON A INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

1. ACCESS AND USE OF THE SERVICE

  1. Service Description: Memorique is designed to enable you to send gifts without the hassle of choosing a gift. The Giftor uses Memorique to send a link to Giftee. Giftee receives a message via email or Mobile text from Memorique on behalf of the Giftor informing the Giftee about Giftor’s desire to send a gift to the Giftee. Giftee, upon clicking the link, is directed to a page that allows Giftee to have an interactive chat with Memorique, including providing Giftee’s preference for a gift, shipping address, and phone number, and other information more fully described in the Privacy Policy.
  2. Internet or Phone Service Required: You are required to have internet connection and/or wireless phone service in order to use the Service. You are solely responsible for procuring, maintaining, and paying for the underlying phone service or internet service that will connect you to Services.
  3. Registration Obligations: In order to access the Service, you are required to register for the Service on Memorique (the “Account”). You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by Memorique’s registration form to create an Account, and to update your information as necessary to keep it accurate current, and complete. The information that you provide us during the Registration is also governed by our Privacy Policy.
  4. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Memorique [hello@memorique.com] of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. Memorique will not be liable for any loss or damage arising from your failure to comply with this Section.
  5. Modification to Services: We reserve the right to modify or discontinue, temporarily or permanently, the Service. We will provide you with the notice of such a change through reasonable means and will post the updates on our website. Memorique will not be liable to you or to a third party for any modifications or discontinuance of the Service.

2. CHILDREN UNDER THE AGE OF 13

  1. Memorique and our Services do not knowingly collect information from children under 13 years of age. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@memorique.com. If you are under the age of 13, please do not use Memorique or Services, and please do not create an Account.

3. CHANGES TO THE TERMS OF USE

  1. We may revise and update these Terms from time to time in our sole discretion. When we make a revision, we will let you know by posting the revised Terms on the website, or through comparable means. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any material changes to these Terms or changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore.

4. GIFTOR AND GIFTEE CONDITIONS OF USE

  1. Memorique and our Services do not knowingly collect information from children under 13 years of age. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@memorique.com. If you are under the age of 13, please do not use Memorique or Services, and please do not create an Account.
  1. You are solely responsible for using Memorique and/or our Services in the manner as described in this Agreement. Further, you may not use Memorique and/or our Services to engage in Prohibited Uses, some of which are described below. The below list of Prohibited Uses should not be considered exhaustive, rather they are provided by way of example. We reserve the right to investigate, to suspend and/or terminate Accounts(s), and/or to take appropriate legal action against anyone who, in our sole discretion, violates these Terms and specifically this Section, and reporting you to law enforcement authorities. You agree to not use Memorique and/or Service or any other service made available to you through Memorique to:
    • transmit any content that (i) publicly infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to hold or transmit under law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) 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; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vii) in the sole judgment of Memorique, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Memorique or its users to any harm or liability of any type; (viii)To impersonate or attempt to impersonate Memorique, a Memorique employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (ix) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (x) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
    • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    • Violated any applicable local, state, national, or international law, or any regulations having the force of law;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • Solicit personal information from anyone under the age of 18;
    • Harvest or collect email address or other contact information of other users from the Service by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
    • Use Memorique and/ or Services to violate any third-party’s terms and conditions of service;
    • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
    • Attempt to do any of the foregoing.
  2. Giftor further agrees that
    • You, the Giftor, are solely responsible for all acts or omissions that occur under your Account, including providing accurate email address for the Giftee.
    • You, the Giftor, are solely responsible for providing with all the information that is necessary for facilitating Giftee to choose her/his gift.
    • You are also responsible for notifying us immediately upon becoming aware of the commission by any person of any Prohibited Uses of Memorique and/or Services.
  3. Monitoring use of Service: You acknowledge that we have no obligation to monitor your access to or use of Memorique and/ or the Service, or to review or edit any content, but we have the right to do so: (a) for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, enforcing our Reasonable Use Policy below, investigation and customer support purposes): (b) to ensure your compliance with the Terms of Service; (c) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; (d) to respond to content that we determine is otherwise objectionable or as set forth in the Terms of Service. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Service or otherwise harmful to the Service. In order to protect the integrity of the Service, we also reserve the right at any time in our sole discretion to block users using any technologically available measures available in our sole discretion from accessing and using the Service.
  4. Disclosure to Law Enforcement: You acknowledge and agree that Memorique may preserve content and may also disclose conversations, texts or other content (including but not limited to your interaction with Memorique) if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws or government requests, provided, however that Memorique will make an effort to notify affected users of any such disclosure unless prohibited from doing so by applicable law or valid legal process as determined in our sole good faith. Furthermore, Memorique may preserve content to: (a) enforce these Terms of Service; (b) respond to claims that content violates the rights of third parties; or (c) protect the rights, property, or personal safety of Memorique, its users and the public. You understand that the technical processing and transmission of the Service, including your conversations, texts, or other content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  5. Fees: You agree to pay all applicable and relevant fees in order to facilitate the Gift to Giftee. All payments are processed by our payment processing partner and we do not collect or store any information that relates to fees.
  6. Reasonable Use Policy: Unusually high usage of Memorique and/or Service attributable to individual accounts may impair our ability to provide Memorique and/or Service to other customers and/or indicate misuse of Memorique and/or Service. Accordingly, reasonable use means that your use of Memorique and/ or Service for not impair our ability to provide the Service to other users; and (ii) is not used for any Prohibited Uses set forth in these Terms.
  7. Commercial Use: Unless otherwise authorized herein, or the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of Memorique and/or Service, use of the Memorique and/or Service, or access to Memorique and/or Service. Memorique and/or Service is for personal and limited business use unless otherwise agreed in writing. If you wish to use Memorique and our Services for commercial purposes please contact us at hello@memorique.com.

5. GIFTEE ADDITIONAL CONDITIONS OF USE.

  1. Giftee shall provide accurate delivery address and shall not hold Memorique responsible if the Gift does not reach the Giftee because of incorrect delivery address.

6. LICENSES

  1. Memorique grants you a limited, revocable, non-exclusive, non-transferable license to access and use Memorique and the Services or the information solely for their intended purpose and not to modify all or any portion of the Services. This license does not include any right to authorize third party use of the Services or their contents; any collection and use of any information, descriptions, or any derivative use of the Services or their contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. The Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Memorique’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Memorique, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of Memorique and/ or Services or any activities conducted on Memorique and/ or Services; or (iii) bypass any measures we may use to prevent or restrict access to Memorique and/ or the Services. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

7. INTELLECTUAL PROPERTY RIGHTS

  1. Memorique, our Services, including Memorique’s and Services’ entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Memorique, its licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You have no ownership whatsoever with respect to the items set forth herein.

8. TRADEMARKS/NO ENDORSEMENT

  1. All trademarks, service marks and trade names owned by Memorique Gifting Ltd. (including but not limited to: Memorique, Memorique and any logos, logo designs and slogans) (collectively “Marks”) are trademarks or registered trademarks of Memorique Gifting Ltd. or its affiliates, partners, vendors or licensors. You must not use such Marks without the prior written permission of Memorique. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners. The use of our Marks on any other web site or networked computer environment is not allowed. You shall not use Memorique’s name or any language, pictures or symbols which could, in Memorique’s judgment, imply Memorique’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent.

9. COPYRIGHT INFRINGEMENT/DMCA NOTICE

  1. If you notice that anything on the website infringes your Copyright and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) must be provided to Our Designated Copyright Agent.
    • Your physical or electronic signature;
    • Identification of the copyrighted work(s) that You claim to have been infringed;
    • Identification of the material on Our services that You claim is infringing and that You request us to remove;
    • Sufficient information to permit us to locate such material;
    • Your address, telephone number, and e-mail address;
    • A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
    • Memorique’s Copyright Agent to receive DMCA takedown notices is Sabora Eshaq, hello@memorique.com. You acknowledge that for us to be authorized to take down any content, Your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

10. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

  1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to:
    • Link from your own or certain third-party web sites to certain content on Our web site.
    • Send e-mails or other communications with certain content, or links to certain content, through the Services.
    • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:
    • Establish a link from any web site that is not owned by you.
    • Cause our website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other web site.
    • Link to any part of our website other than the homepage. Otherwise take any action with respect to the materials on our web site that is inconsistent with any other provision of these Terms.
  2. The web site from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

11. THIRD PARTY CONTRACTORS/VENDORS

  1. To provide Services, we may share the information provided by you, Giftor or Giftee, with our contractors/vendors in order to facilitate the Gift and to render the Services. Such information is used by our contractors for the limited purpose as described in these Terms. If you have any questions regarding our contractors and vendors, please email us at hello@memorique.com. All the alcohol orders are processed through our partners

12. DISCLAIMERS

  1. THE INFORMATION AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER MEMORIQUE NOR ANY PERSON ASSOCIATED WITH MEMORIQUE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MEMORIQUE NOR ANYONE ASSOCIATED WITH MEMORIQUE REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, UPDATED, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEB SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS. MEMORIQUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE FOREGOING DOES NOT AFFECT ANY IMPLIED WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR YOUR JURISDICTION SO THE THESE DISCLAIMERS AND EXCLUSIONS MAY THEREFORE NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. LIMITATION ON LIABILITY

  1. Memorique does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing Memorique and/or engaging in our Services, or your downloading of any information or materials from Memorique and/or Services.
  2. IN NO EVENT WILL MEMORIQUE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY ONE ELSE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MEMORIQUE AND/OR THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT MEMORIQUE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH SERVICES OR ANY CONTENT OR SERVICES THEREON, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE GIFT THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH A GIFT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMORIQUE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

14. TERMINATION

  1. You or We may suspend or terminate your Account or your use of Memorique and our Services at any time, for any reason or for no reason. We may also block your access to our services in the event that (a) you breach these Terms; (b) We are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.

15. GOVERNING LAW AND JURISDICTION

  1. All matters relating to the Services and these Terms, including any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to any choice or conflict of law principles. We each agree to submit to the exclusive jurisdiction of the courts located in Alberta for any actions that are not subject to the Dispute Resolution and Arbitration provisions in Section 16. A printed version of these Terms shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The clause applies “to the extent permitted by applicable law.

16. DISPUTE RESOLUTION PROCESS AND ARBITRATION

  1. For any Dispute with Memorique, You agree to first contact us at hello@memorique.com and attempt to resolve the dispute with us informally, including by scheduling phone calls and meetings with authorized Customer from you and us. In the unlikely event that Memorique has not been able to resolve a dispute it has with you after ninety (90) days, We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by mandatory binding arbitration administered by the Canadian Arbitration Association (“CAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “CAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The CAA Rules are available at https://canadianarbitrationassociation.ca/regular-arbitration/ or by calling the CAA at 416-362-8555. The arbitration will be conducted in Alberta, Canada unless Memorique and you agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Memorique from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Our data security, intellectual property rights or other proprietary rights.

17. OPT-OUT RIGHT

  1. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of the Section 17 by writing to:Memorique, Inc., Re: OPT-OUT, [PROVIDE]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

18. CLASS ACTION/JURY TRIAL WAIVER

  1. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ CUSTOMER CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU, AND (IF APPLICABLE) ON BEHALF OF THE GIFTOR AND/OR GIFTEE OTHER PERSONS, AGREE THAT, BY ENTERING INTO THESE TERMS, YOU, AND (IF APPLICABLE) YOUR GUESTS AND YOUR OTHER PERSONS, AND Memorique ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

19. FORCE MAJEURE

  1. Neither Memorique nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, food preparation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

20. ENTIRE AGREEMENT

  1. These Terms and Privacy Policy constitute the sole and entire agreement between You and Memorique with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

21. GENERAL AND WAIVER AND SEVERABILITY

  1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Memorique in Our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. The Sections that are intended to survive, shall survive the termination.

22. YOUR COMMENTS AND CONCERNS

  1. Memorique and the Services are operated by Memorique Gifting Ltd. If you do not understand any of the foregoing Terms or if You have any questions or comments, We invite you to contact our customer support department by email at hello@memorique.com.