Rakuten Gift Card Shop
Rakuten Gift Card Shop Program
Esiance Inc. (the "Company", "we", or "us") offers as a service to Rakuten.ca ("Rakuten") members the ability to purchase gift cards from leading Canadian merchants at the Rakuten Gift Card Shop website (the "RGCS") and earn cash back at Rakuten. Joining and using the RGCS is free and simple, requiring only your email address, an Rakuten.ca account and a password to get started. Esiance Inc. does not sell or rent your personal information to third parties, and does not 'spam' its Members. We receive a fee for selling gift cards and we return a portion of such fee to Rakuten to fund the cash back incentives.

Terms of Use

The Agreement was last revised on September 15, 2017

The RGCS is a member of the Esiance Inc. network. Esiance Inc. directly owns, operates or powers web and mobile applications related to the purchase, exchange, donation or fulfilment of third-party gift cards. This page explains the terms by which you may use the RGCS and related web widgets, feeds, applications and services (collectively the “Service”). By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms of Use (the “Agreement”), whether or not you are a registered user of the Service.

We reserve the right to amend the Agreement at any time by notifying you as provided in the Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we materially amend the Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any of these terms or any future amendments to them, do not use or access (or continue to access) the Service. The Agreement applies to all visitors, users, and others who access the Service (“Users”).

By using the Service you consent to our collection, use and disclosure of your personally identifiable information in accordance with our Privacy Policy.

1. Use of the Service

Rakuten Gift Card Shop provides a place for you to buy gift cards online.

A. Eligibility

The Service is intended solely for Users resident in Canada who are the age of majority or older in their jurisdiction, and any registration, use or access to the Service by anyone not resident in Canada, or under that age, is strictly prohibited and in violation of the Agreement. The Service is not available to any Users previously removed from a Service by Esiance Inc., Rakuten, or the RGCS

B. Member Accounts

You do not have to register in order to visit the RGCS. To access certain features of the Service, though, such as buying gift cards and earning cash back, you will need to register with the RGCS and create a “Member” account. Your Member account gives you access to additional services and functionality that we may establish and maintain from time to time and in our sole discretion.

You may never use another Member's account without permission or create more than one account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password and PIN (if applicable) secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

You may control your Member profile and how you interact with the Service by changing the settings in your account page. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

From time and time, we may offer individuals special offers or promotions (“Targeted Promotions”) to create an account. Such Targeted Promotions may contain usage restrictions and limitations that will be indicated with such promotion. Failure to comply with such restrictions will result in the reversal or cancellation of any offered incentive without notice, and may also result in the levy of an additional administrative or related fee as indicated.

C. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more request messages to the RGCS servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from RakutenGiftCards.ca for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of the Agreement, or for no reason.

All aspects of the Service are subject to change or elimination at our sole discretion. We reserve the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that we will not be liable to you for any interruption of the Service, delay or failure to perform.

2. Gift Cards

The Service may allow you to buy cards, codes, or the like that are redeemable for goods or services by third parties (“Gift Cards”). Gift Card transactions on or through the Service are governed by the Agreement. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.

A. Buying Gift Cards

The Service may allow you to buy Gift Cards. You acknowledge and agree that you must pay for such Gift Cards with a valid credit card (that you are authorized to use) or by other methods as the Service may allow. Except as described under Section 2B, all purchases of Gift Cards by you on the RGCS are made on a without recourse basis against us. In particular, while we take reasonable steps to ensure the validity of Gift Cards sold through the Service, we are not the issuers of the Gift Cards, and assume no liability for the Gift Cards.

We may elect, at our sole discretion, to limit the purchase of certain Gift Cards, based on security measures, merchant agreements or compliance requirements. Failure to comply with such policies may result in the reversal or cancellation of such transaction without notice and issuance of a refund to the original payment form or in the form of a credit applicable toward a future Gift Card purchase on the RGCS. Any Member who fails to comply with the above policy, on more than one occasion, may also be subject to reversal/cancellation fee of $35.00, unless indicated otherwise.

In the event a Gift Card is listed at an incorrect price, incorrect cash back reward, or with incorrect information due to typographical or administrative error, we shall have the right to refuse or cancel any orders placed for such Gift Card. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or payment account charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card or payment account in the amount of the charge within 7 business days.

B. The RGCS Certified Program

We make certain limited warranties (the “RGCS Certified” Program) regarding your Gift Card transactions hereby incorporated by reference. You acknowledge and agree that the RGCS Certified Program is subject to the Agreement and any additional terms of use that may be described on the Service. If you return a Gift Card previously purchased using the Service, you represent and warrant the following: i) the Gift Card you received was redeemable for a different amount and/or merchant than as indicated at the time of purchase; ii) the Gift Card is in the same condition in which it was received; iii) the Gift Card has not been used in any way whatsoever since the original purchase date; iv) that you have not in any way retained a way to redeem such Gift Card; v) you are the sole lawful owner of the Gift Card and all interests thereto; and vi) you shall comply with all other requirements to complete the Gift Card transaction, including, without limitation shipping instructions, required by the Service.

All claims under the RGCS Certified Program must be submitted by emailing [email protected] within twenty-one (21) days of the disputed transaction. You shall not, directly or indirectly, be eligible to use the RGCS Certified Program for transactions exceeding an aggregate amount of one thousand dollars ($1000.00) lifetime limit. The RGCS Certified Program does not apply to electronic gift cards. We reserve the right to limit or discontinue the RGCS Certified Program in our sole discretion, including without limitation if we believe that you have engaged in fraud or other unlawful activities. In the event that other provisions on the Service and the terms of this Section conflict, this Section shall govern.

3. End User License Grant

Subject to the terms of use of the Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, non-commercial use only. We reserve all rights not expressly granted herein in the Service and the RGCS Content (as defined below). We may terminate this license at any time for any reason or no reason.

4. Our Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (the “RGCS Content”), and all intellectual property rights related thereto, are the exclusive property of Esiance Inc. and its licensors. Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the RGCS Content or materials on the Service for any purpose not expressly permitted by the Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related feedback or ideas previously known to Esiance Inc., or developed by its employees, or obtained from sources other than you.

5. Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk and waive any potential recourse or legal proceedings for unauthorized access.

6. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that the Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve the Esiance Inc. Parties (as defined below) from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Idemnity

You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, suppliers, licensors, managers, and other affiliated companies, and our and their respective employees, contractors, shareholders, agents, officers and directors (the Esiance Inc. Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of the Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Canada or any other country; (v) any claim or damages that arise as a result of any data or content that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

8. No Warranty

Except as otherwise described in Section 2B, the Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Esiance Inc., its subsidiaries, and its licensors do not warrant that any RGCS Content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

We do 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.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Esiance Inc. Parties be liable for any direct, indirect, punitive, aggravated, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits or revenue, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will the Esiance Inc. Parties be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information concerning you maintained on the RGCS.

To the maximum extent permitted by applicable law, the Esiance Inc. Parties assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; (vii) the defamatory, offensive, or illegal conduct of any third party; and/or (viii) lost, stolen, or otherwise irredeemable gift cards. In no event shall the Esiance Inc. Parties be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of your gift card transactions through the RGCS for the twenty one (21) days preceding the date on which such liability arose.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Esiance Inc. is based in Canada. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Canada.

10. Assignment

The Agreement, and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.

11. General

A. Governing Law.

The Agreement shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and us that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario. You agree to submit to the jurisdiction of such courts in any such dispute.

B. Survival.

Upon the termination of the Agreement, the following provisions shall continue in force: 4, 7, 8, 9, and 11.

C. Notification Procedures.

Except for notices expressly required under the Agreement to be provided in a particular manner, the RGCS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in the Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.

D. Entire Agreement/Severability.

The Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and Esiance Inc. concerning the Service. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

E. No Waiver.

No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

F. Language.

The parties confirm that it is their wish that the Agreement, as well as any other documents relating to the Agreement, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

Please contact us at [email protected] with any questions regarding the Agreement.

Our address is:
Esiance Inc.
250 Consumers Road
Toronto, Ontario
M2J 4V6