Terms of Service
Effective Date: June 1, 2025
These Terms of Service (“Terms”) govern your access to and use of Top Of Mind Gifts services, including our website, booking systems, and SMS communications. By engaging with Top Of Mind Gifts or providing your contact information, you agree to these Terms.
1. Services Provided
· Top Of Mind Gifts offers business services, including but not limited to:
· Business Gifts and Strategies
· Pop Up Cards
· Appointment booking and reminders
· Customer support via phone, email, and SMS
· We reserve the right to update or modify our services at any time.
2. Consent to Communications
· By providing your mobile phone number and/or email address, you agree to receive communications from Top Of Mind Gifts, including:
· Text messages for appointment reminders, scheduling updates, and client care
· Promotional messages and exclusive offers (only with prior consent)
· Email communications including confirmations, updates, and newsletters
· Message and data rates may apply. Message frequency will vary.
· You may opt out of SMS communications at any time by replying STOP, and unsubscribe from emails using the unsubscribe link included in each email.
3. User Responsibilities
· You agree to:
· Provide accurate, up-to-date contact information
· Use Top Of Mind Gifts services for lawful purposes only
· Not abuse or misuse our communication systems
· You are responsible for notifying us if your contact information changes.
4. Booking and Cancellations
· Appointment bookings are subject to availability.
· Cancellations or rescheduling must comply with our posted cancellation policy, which may include fees for missed or late-canceled appointments.
· Please refer to your confirmation email or contact us for details.
5. Limitation of Liability
· Top Of Mind Gifts is not liable for:
· Service interruptions due to third-party platforms or carriers
· Incorrect client-provided information affecting scheduling or communication
· Delays in message delivery, including carrier or technical issues
· To the maximum extent permitted by law, Top Of Mind Gifts disclaims all liability for damages resulting from the use of our services.
6. Third-Party Services
· We may use third-party platforms for scheduling, communication, or payment processing.
· These platforms have their own privacy and security policies, which you should review separately.
· Top Of Mind Gifts is not responsible for third-party service failures.
7. Changes to Terms
· We may update these Terms from time to time.
· The most current version will always be available on our website.
· Continued use of our services after changes are posted constitutes acceptance of those changes.
8. Contact Information
· Top Of Mind Gifts
· Email: [email protected]
· Phone: (306) 229-6411
· Website: https://www.topofmindgifts.ca
Terms of Services
Effective Date: July 15, 2024
1. Introduction
Welcome to Top of Mind Gifts. These Terms of Service (“Terms”) govern your use of our website, mobile application, and messaging services, including communications using third party software with our U.S. customers. By accessing or using our services, you agree to comply with and be bound by these Terms.
2. Use of Services
Permitted Use:
You agree to use our services only for lawful purposes and in accordance with these Terms.
You agree not to use our services in any way that could harm us or our customers, or that could damage, disable, overburden, or impair our website or mobile application.
Prohibited Use:
You agree not to use our services to send unsolicited messages or spam.
You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to collect or store personal data about other users without their express permission.
3. Messaging Services
A2P Messaging Compliance:
Top of Mind Gifts uses third party software to communicate with customers in the U.S. via SMS and other messaging platforms. Our messaging practices are compliant with A2P messaging regulations, which include:
Obtaining explicit consent from customers before sending messages.
Providing clear and easy opt-out options.
Ensuring messages are relevant and necessary for the customer relationship.
Opting Out:
Customers can opt out of receiving SMS messages from us at any time by replying “STOP” to any message received or by contacting us directly.
4. Orders and Payments
Order Acceptance:
All orders are subject to acceptance by us. We may refuse or cancel any order at our discretion.
Pricing and Availability:
All price are subject to change without notice. We reserve the right to modify or discontinue our services at any time without prior notice.
Payments:
By providing a payment method, you represent and warrant that you are authorized to use the payment method and that you authorize us to charge the payment method for the total amount of your order, including any applicable taxes and fees.
5. Intellectual Property
All content on our website and mobile application, including text, graphics, logos, images, and software, is the property of Top of Mind Gifts or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You agree not to use, reproduce, or distribute any content without our express written permission.
6. Disclaimers and Limitation of Liability
Disclaimers:
Our services are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the operation of our services or the information, content, or materials included.
Limitation of Liability:
To the fullest extent permitted by law, we shall not be liable for any damages of any kind arising from the use of our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless Top of Mind Gifts, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of our services or violation of these Terms.
8. Changes to These Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our services after such changes constitutes your acceptance of the new Terms.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the province of Saskatchewan, without regard to its conflict of law principles.
10. Contact Us
If you have any questions about these Terms or our services, please contact us at:
Top of Mind Gifts
Email: [email protected]
Phone: (306) 229-6411
By using our services, you agree to these Terms of Service.