Gift Card Terms and Conditions

Terms and Conditions Applicable to City of Greater Sudbury Gift Cards

About City of Greater Sudbury (CGS) Gift Cards:

CGS Gifts Cards can be redeemed for the purchase of any fitness/recreation products or services, as applicable, at participating CGS locations, unless otherwise indicated on the Gift Card or in these Terms and Conditions.

  • The terms “you” and “your” refer to the person who purchased the Gift Card and/or the person who uses the Gift Card.
  • The purchase and/or use of a Gift Card constitutes your acceptance of these Terms and Conditions, as amended from time to time by the CGS in its sole discretion.
  • Gift Cards cannot be resold.
  • Gift Cards are not redeemable for cash and are non-refundable, except where required by law.
  • Gift Cards are 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 of fitness/recreation products and services, as applicable.
  • There is no cash back for unused balances on Gift Cards, except where required by law.

Purchasing a Gift Card:

  • Plastic Gift Cards can also be purchased at all CGS fitness facilities, pools and Citizen Services Centres.
  • The CGS reserves the right to change the permitted methods of payment, including without limitation, the credit cards that CGS is able to accept, at any time.
  • All Gift Card sales are final.
  • The CGS reserves the right to hold, suspend, cancel or refuse an order for which fraud, a violation of these Terms and Conditions, or a security risk is suspected. If your order is affected, you will be notified via email.
  • The CGS is not responsible for Gift Cards that are not delivered or not received due to inaccurate delivery information.
  • By making an online purchase, you represent and warrant to the CGS as follows:
    • You are responsible for making all arrangements necessary for you to have access to the Website;
    • You are responsible for the accuracy of all information that you provide to the CGS;
    • For electronic Gift Cards to be delivered to any person other than yourself, you have a personal or family relationship with the Gift Card recipient as described in Canada’s Anti-Spam Legislation (“CASL”), and you have the full and complete authority and consent of the Gift Card recipient to provide the recipient’s name and email address to the CGS; and
    • You are not breaching any contract, duty or law or infringing anyone’s intellectual property, privacy or other legal rights.

Redeeming a Gift Card:

  • Gift Cards have no value until activated.
  • Gift Cards cannot be replaced if already redeemed.
  • The full stored value of the Gift Card will be applied to the total eligible amount of your in-store purchase. Any unused portion will remain on the Gift Card and can be applied towards future in-store purchases.
  • CGS Gift Cards are redeemable at any CGS fitness facility, pool, ski hill or Citizen Services Centre.
  • You can use multiple Gift Cards to pay for your in-store purchases. If there is an amount owing once your Gift Cards have been used, you must select another method of payment to complete your transaction.

Gift Card Balance Inquiry:

  • The Gift Card balance will be printed on your receipt after each use. You can also inquire at a (1) CGS facility, or (2) by calling the number on the receipt.
  • The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase. To use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it.

Lost, Stolen or Damaged Gift Cards:

  • Protect the Gift Card like cash. Gift Cards cannot be recovered or replaced if lost or stolen. Gift Cards may be void if altered, damaged or defaced.
  • The CGS is not responsible for lost, damaged or stolen Gift Cards.

Refunds on Redeemed Gift Cards:

  • A receipt is required for returns of in-store purchases made with a Gift Card.
  • If you return your in-store purchase that you paid for using a Gift Card, the CGS will issue you a refund on the same Gift Card or issue you a new Gift Card with the refund amount.
  • If you split payment between Gift Cards, the refund is based on what portion of the transaction was billed on each Gift Card.

Cancelling or Refusing a Gift Card:

  • The CGS reserves the right to cancel or refuse a Gift Card associated with an unauthorized transaction at any time.
  • Gift Cards purchased from sources other than CGS locations or online may not be valid. The CGS is not responsible for honouring Gift Card balances purchased through unauthorized sellers.

General Terms:

  • The laws of the Province of Ontario, without regard to the principles of conflict of law, govern these Terms and Conditions and all matters relating to or arising out of the purchase and/or use of the Gift Cards. Any dispute relating in any way to a Gift Card will be adjudicated by the courts of the Province of Ontario and you submit to the exclusive jurisdiction and venue of such courts.
  • The CGS reserves the right to change these Terms and Conditions at any time in its sole discretion. You agree to accept any changes as a condition of your maintaining or continuing to use the Gift Cards.
  • Use of any CGS trademarks or logos in connection with the purchase and/or use of the Gift Cards or for any other purpose is strictly prohibited.
  • Gift Cards cannot be used in a manner that is indecent or illegal, or negatively impacts the CGS, its brand, reputation, or goodwill.
  • You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, scrape, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
  • We reserve the right to change the domain address of this Website and any services, Gift Cards, products, prices, product specifications and availability at any time, at our sole discretion.

Website

  • The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any Gift Cards, products and services or information available through the Website meet your specific requirements.
  • You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet.

Limitation of Liability and Indemnification:

THE CITY OF GREATER SUDBURY 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, WILFUL MISCONDUCT OR FRAUD; (II) ANY BREACH OR DEFAULT BY YOU OF THE OBLIGATIONS UNDER THESE TERMS AND CONDITIONS; (III) CITY OF GREATER SUDBURY’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 CITY OF GREATER SUDBURY’S CONTROL; AND (IV) ANY LOSS OF PROFITS OR INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES REGARDLESS OF HOW THEY ARISE.

THE CITY OF GREATER SUDBURY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, 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 GIFT CARD, YOUR SOLE REMEDY, AND CITY OF GREATER SUDBURY’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

You shall defend, indemnify and hold harmless the City of Greater Sudbury, its officers, directors, employees, agents, subcontractors and 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 the City of Greater Sudbury and/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 and Conditions.