TERMS OF SALE
These Promotion/Merchant Offerings Terms of Sale were last updated on May 27, 2020.
go pamper operates the Website which permits certain beauty and wellness businesses (“Merchants”) to offer their Promotions for sale to the public at the website www.go-pamper.com (as may be amended, supplemented, or changed from time to time, the “Website”). The Promotions you purchase are redeemable for certain products and/or services and/or gift cards offered by the Merchants (the “Merchant Offering(s)”) pursuant to these Terms of Sale and subject to any additional terms and conditions specified by a Merchant.
The Merchant, not go pamper, is the seller of the Merchant Offerings and the goods and services and is solely responsible for redeeming any Merchant Offering(s) you purchase. go pamper sells a Merchant Offering(s) that can be redeemed in connection with your purchase of the goods or services or gift card from the Merchant.
Terms and Conditions of go pamper Merchant Offering(s)
The terms “you” and “your” refer to the person who purchased the Merchant Offering(s) and/or the person who uses the Merchant Offering(s).
The issuer of each Merchant Offering(s) is the applicable Merchant, and the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Merchant Offering(s) or portions thereof.
go pamper is acting solely as an agent which facilitates payment by you on the Website to the Merchant, and you waive and release go pamper from any claim, liabilities, damages, or injury arising from or related to any act or omission of a Merchant in connection with a Merchant Offering(s) or the products/services provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Merchant Offering(s) or any portion thereof.
About go pamper Gift Cards
- Gift cards can be redeemable for goods and/or services;
- Gift Cards cannot be resold;
- Gift Cards are not redeemable for cash and are non-refundable, except where required by law;
- Gift Cards are not reloadable;
- The available balance on Gift Cards does not expire;
- Gift Cards are not credit or debit cards, but constitute a prepayment on the cost of purchases at participating Merchants, as applicable; and
- There is no cash back for unused balances on Gift Cards, except where required by law.
About go pamper Bonus Gift Cards
- Bonus Gift Cards expire on December 31, 2021;
- Bonus Gift cards can be redeemable for goods and/or services;
- Bonus Gift Cards cannot be resold; and
- Bonus Gift Cards are not redeemable for cash and are non-refundable.
About go pamper Service Promotions
- Detail terms on each Service Promotion page on go pamper for the respective business/Merchant;
- Expires: 1 year after purchase date;
- Taxes and tips: Taxes included, and tips not included (to pay on the spot); and
- Appointment: please book by calling the respective beauty/wellness business, and they will also have a copy of your offer purchased.
About go pamper Product Promotions
- Detail terms on each Product Promotion page on go pamper for the respective business; and
- The respective business/Merchant will take care of the shipping and track the purchase.
Receiving your Merchant Offering(s)/Promotion(s)
Merchant Offering(s)/Promotion(s) will be emailed to the indicated recipient.
go pamper is not responsible for Gift Cards and Bonus Cards that are not delivered or not received due to inaccurate delivery information. If you ordered a Gift Card and the intended recipient has not received the electronic Gift Card, ask them to check their junk mail or deleted items. If they still have not received it, please contact us by emailing firstname.lastname@example.org. If the Gift Card has not been redeemed, we can cancel the Gift Card and re-issue it.
go pamper may, in its sole discretion, verify a user’s identity prior to processing a purchase. go pamper reserves the right to hold, suspend, cancel or refuse an order for which fraud, a violation of these Terms of Sale or applicable law, or a security risk is suspected. If your order is affected, you will be notified via email. Refunds for cancelled orders may be issued where it deems appropriate.
If a Merchant Offering(s)/Promotion(s) becomes unavailable between ordering and processing, go pamper will either cancel or not process the order and will notify you by email.
How to redeem the Merchant Offering(s)/Promotion(s)
Merchant Offering(s)/Promotion(s) may be redeemed as soon the COVID-19 Restrictions have been lifted such that the applicable Merchant is open for business and is offering services to the public (if any), notwithstanding any reductions in capacity or operating function (“Reopening”).
The full stored value of the Merchant Offering(s)/Promotion(s) will be applied to the total eligible amount of your purchase with the applicable Merchant. Merchants are required to keep track of any sales and stored value on your Merchant Offering(s)/Promotion(s) and any issues pertaining to such should be directed to the applicable Merchant.
If there is an amount owing once your Merchant Offering(s)/Promotion(s) have been used, you must select another method of payment to complete your payment.
The Merchant Offerings
Pricing relating to certain Merchant Offering(s)/Promotion(s) and other available programs on the Website may change at any time in go pamper’s sole discretion without notice.
A Merchant may advertise Merchant Offering(s)/Promotion(s) that require the Merchant to have an up-to-date regulatory authorization or license. go pamper does not verify, validate, or collect evidence of any regulatory authorization or license from any Merchant. You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering(s)/Promotion(s) to determine whether: (i) Merchant is qualified to provide the advertised products and/or services; or (ii) the Merchant Offering is of the care and quality required. Merchant is solely responsible for the care and quality of the products and/or services being provided or the care and quality of the Merchant Offering(s)/Promotion(s).
go pamper does not guarantee against pricing errors and reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Website. If this occurs, go pamper will attempt to notify you by email. In addition, go pamper reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering(s)/Promotion(s).
Any service fee retained by go pampr from the sale of the Merchant Offering(s)/Promotion(s) is compensation to go pamper for marketing, promoting and advertising on behalf of the Merchant. As the issuer of the Merchant Offering(s)/Promotion(s), the Merchant shall be fully responsible for any and all liabilities, caused in whole or in part by the Merchant, as well as for any liabilities arising from any regulatory action. go pamper does not make any warranty in relation to the Merchant Offering(s)/Promotion(s), including, without limitation, their validity or value. go pamper is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Offering(s)/Promotion(s).
Acknowledgement of Risk
You agree to fully assume the following risks (which are also described in our FAQs), for which go pamper assumes no liability:
- Due to the COVID-19 Restrictions, certain beauty and wellness businesses in Canada may become insolvent and permanently close their business before you are able to redeem you Merchant Offering(s)/Promotion(s), in which case your purchased Merchant Offering(s)/Promotion(s) will become valueless;
- Descriptions of the Merchant Offering(s)/Promotion(s) advertised on the Website are provided by the Merchant or other referenced third parties. go pamper does not investigate or vet Merchants and is not responsible for any claims associated with the description of the Merchant Offerings. There is a possibility that a fraudulent Merchant lists a Merchant Offering that does not exist and for which Merchant Offering(s)/Promotion(s) cannot be redeemed.
Limitation of Liability and Indemnification
GO PAMPER IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, FOR ANY CLAIMS, COSTS, DAMAGES OR EXPENSES ARISING OUT OF: (I) YOUR NEGLIGENT ACT OR OMISSION, WILLFUL MISCONDUCT OR FRAUD; (II) ANY BREACH OR DEFAULT BY YOU OF THE OBLIGATIONS UNDER THESE TERMS AND CONDITIONS; (III) GO PAMPER’S FAILURE TO CARRY OUT ITS OBLIGATIONS IF THE FAILURE IS CAUSED BY A THIRD PARTY, A SYSTEM OR DATA PROCESSING FAILURE OR ANY OTHER ACT OR OMISSION OUTSIDE OF GO PAMPER’S CONTROL; (IV) ANY LOSS OF PROFITS OR INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES REGARDLESS OF HOW THEY ARISE; (V) THE MERCHANT OFFERING; OR (VI) YOUR INABILITY TO REDEEM THE Merchant Offering(s)/Promotion(s).
GO PAMPER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE Merchant Offering(s)/Promotion(s), INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF THERE IS ANY ISSUE WITH OR RELATED TO A Merchant Offering(s)/Promotion(s) (INCLUDING WITHOUT LIMITATION IF A Merchant Offering(s)/Promotion(s) CODE IS NON-FUNCTIONAL), YOUR SOLE REMEDY, AND GO PAMPER’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH Merchant Offering(s)/Promotion(s).
You shall indemnify and hold harmless go pamper and its officers, directors, employees, agents, subcontractors or representatives from and against any and all third party charges, claims, losses, demands, damages, liabilities, costs, expenses, causes of action or suits (collectively, “Losses”) incurred or suffered by go pamper or its officers, directors, employees, agents, subcontractors or representatives to the extent resulting from: (a) your negligent act or omission, willful misconduct or fraud; and (b) any breach or default (including without limitation breach of a representation or warranty hereunder) by you of the obligations under these Terms of Sale.
The laws of the Province of Alberta, without regard to the principles of conflict of law, govern these Terms of Sale and all matters relating to or arising out of the purchase and/or use of the Merchant Offering(s)/Promotion(s). Any dispute relating in any way to a Merchant Offering(s)/Promotion(s) will be adjudicated by the courts of the Province of Alberta and you submit to the exclusive jurisdiction and venue of such courts.
Use of any go pamper trademarks or logos in connection with the purchase and/or use of the Merchant Offering(s)/Promotion(s) is permitted for the purpose of promoting go pamper, provided that such trademarks and logos cannot be used in a manner that is indecent or illegal, or negatively impacts go pamper, its brands, its reputation or goodwill.