Terms & Conditions
Effective date: 25th day of June, 2023
www.evstry.com (the “Site”) is owned and operated by Evstry. For greater clarity, references to the Site encompass both its website platform and its application. Evstry can be contacted at: hello@evstry.com.
This agreement (“Agreement”), together with the documents and terms it incorporates by reference, governs your use of the Site and your account with Evstry Inc. (“Evstry”).
Terms
Evstry requires that the user creating an account (the “Host”) read and accept all the terms and conditions in this agreement (“Terms and Conditions”) before registering with the Site. If you are using the Site without an account as a guest or as a user sending a gift/payment/contribution (the “Guest”), you agree to also be bound by these Terms and Conditions. The Evstry website exists for the purpose of providing a personal gift registry and gifting platform to users. Any use outside of this purpose is prohibited.
The following Terms and Conditions govern the use of the Site and all content, services and products available at or through the Site.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. If you do not agree with any of these terms, do not access or otherwise use the Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.
Cookies
This Site employs the use of cookies. By using this Site you consent to the use of cookies in accordance with Evstry’s Privacy Policy. This Site uses cookies to enable us to retrieve certain user details and to enable the functionality and ease of use for users visiting this Site.
Changes to this Agreement
These Terms and Conditions may be amended from time to time at Evstry’s sole discretion in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time, and you agree to be bound by such modifications, alterations or updates.
Disclaimers of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EVSTRY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
EVSTRY CANNOT AND DOES NOT WARRANT THAT THE SITE WILL FUNCTION CORRECTLY AND WITHOUT DELAYS OR DISRUPTIONS, WILL AT ALL TIMES BE SECURE, ERROR FREE AND PREVENT UNAUTHORIZED ACCESS, OR THAT ALL DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENTS, INFORMATION, GUIDELINES OR ADVICE GIVEN BY EVSTRY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY.
Intellectual Property
Evstry and the Site’s creators own the intellectual property rights for all material published and made available on our Site, unless otherwise indicated. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Unauthorized use or exploitation of content published and made available on our Site is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.
The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.
You agree not to do, or authorize or permit any third party to do, any of the following:
1. Rent, lease, lend, sell, redistribute or sublicense the Site or make any commercial use thereof;
2. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Site (except to the extent any such restrictions are prohibited by applicable law);
3. Modify, alter or create any derivative works of the Site;
4. Remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Site;
5. Use any data mining, robots or similar data gathering or extraction methods; or
6. Use the Site other than for its intended purpose or in a manner that interferes with the use and enjoyment of the Site by other users.
If you violate any of the foregoing restrictions, your use of the Site will be unlicensed and will infringe our copyright and other rights, which may subject you to prosecution and damages. We reserve all rights not expressly granted to you herein.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
1. Harass or mistreat other users of our Site;
2. Violate the rights of other users of our Site;
3. Violate the intellectual property rights of the Site owners or any third party to the Site;
4. Hack into the account of another user of the Site;
5. Disclose information that you do not have permission to disclose;
6. Impersonate any person or entity, misstate your Personal Data, or otherwise misrepresent your affiliation with a person or entity; or
7. Act in any way that could be considered fraudulent.
8. Upload or cause to be displayed on or through the Site any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
9. Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Evstry or users of the Site or expose them to liability;
10. Promote any illegal activity, or advocate, promote, or assist any unlawful act; or
11. Give the impression that content you created originated from or is endorsed by Evstry or any other person or entity, if this is not the case.
12. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
In order to utilize the Site’s functionalities, namely, creating cash registries, managing RSVPs, tracking gifts using a personalized dashboard, and sending gifts you must create an Evstry account (“Account”). When you create an Account, we collect account registration-relatedinformation, including your name and email address. When creating and/or using your Account, you agree to provide accurate, current, and complete information that can be updated by logging into your account and making relevant changes directly. You are solely responsible for complying with these Terms and Conditions when you access the Site.
When you create an Account on our Site, you agree to the following:
1. You are solely responsible for your Account and the security and privacy of your Account, including passwords or sensitive information attached to that Account; and
2. All personal information you provide to us through your Account is up to date, accurate, and truthful, and that you will update your personal information if it changes.
When registering for an Account, you must confirm that you are at least 18 years of age, and you are responsible for ensuring that all Guests are at least 13 years old. Creating an Account with false information is a violation of these Terms and Conditions, including creating an Account on behalf of others or persons under the age of 18.
Your Account belongs to you. However, the Site controls the unique event URL(s) assigned to your Account and may change or deactivate the URL(s) without prior notice.
When you register for an Account, you will be asked to choose a username and password for the Account, or to sign up through a third party provider. By registering for an Account, you are indicating that you agree to these Terms and Conditions. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. We will assume that any person using the Site with your username and password is either you or a person that has been authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account of another user of the Site if (a) you are not authorized to or (b) the use would violate the Terms and Conditions. You are entirely responsible for communicating and distributing the event link/event QR code to intended audiences. Evstry is not responsible for ensuring the event link/event QR code is shared to and received by the intended audience.
We reserve the right to suspend or terminate your Account if you are using our Site illegally or if you violate these Terms and Conditions.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites and to adhere to all third party terms and conditions when using third party services through the Site or otherwise.
Limitation of Liability
Evstry and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Evstry shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the Site or any content appearing on the Site. In no event will Evstry be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Evstry has been advised of the possibility of such damages.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Evstry and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Confidentiality
While Evstry undertakes all reasonable and industry-standard efforts to protect your data and information transmitted through the Site, Evstry cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Site, you acknowledge that Evstry is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us other than in the event of the gross negligence or wilful misconduct of Evstry.
Applicable Law
These Terms and Conditions are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Site, this agreement or any related matters.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Payment Services
Evstry links to and interfaces with the third-party payment services of Zūm Rails, Inc. (“Zūm Rails”), which permits Guests to send gifts to Hosts registered with the Site or to other Evstry users.
By using the Site, you acknowledge that Evstry does not control and is not responsible forpayments made or received through Zūm Rails. Any use of third party payment services by you will be subject to the fees, terms and conditions of such third party payment services, and at your own risk.
Guests acknowledge that when they send a gift via Zūm Rails’ third party payment service, Evstry cannot be responsible for lost payments, identity theft, fraud or refunds.
Evstry accepts no liability to complete any transaction which cannot be cleared by Zūm Rails’ payment processor, whether due to insufficient funds or otherwise. If such a situation occurs, you may receive an error message and the transaction will be denied. Moreover, we may suspend your access to your Account and contact you to provide valid alternative payment information. Such suspension shall not relieve you from your obligation to pay any fees owed to Evstry.
You shall make all payments in accordance with the fees, charges, and billing terms in effect at the time fees are due and payable. Evstry reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by email delivery to you.
By accepting this agreement with Evstry, you agree that you have reviewed Zūm Rails’ Terms of Use. If you have any questions regarding Zūm Rails’ Terms of Service, please contact Zūm Rails at: info@zumrails.com
Contact Details
If you have any questions, concerns or complaints, you can contact us at: hello@evstry.com.
