Top of Mind Program Terms of Service

Gray Jay Gifts – Top of Mind Program Terms of Service Effective Date: March 18, 2025

Welcome to Gray Jay Gifts’ Top of Mind program. By subscribing, you (“you” or “the Subscriber”) agree to the terms below. These Terms of Service outline how the program works, what you can expect from us, and what we expect from you.

1. Program Overview

The Top of Mind program is a curated gift subscription service designed to help you maintain meaningful touchpoints with your clients throughout the year. We take care of everything—from selecting high-quality gifts to packaging, personalization, and delivery—on your behalf.

Subscribers can:

  • Choose between 2 to 4 gifts per recipient, per year.

  • Add situational gifts (birthdays, home anniversaries, milestones) as needed.

  • Rely on automated delivery and professional, branded gift presentation.

2. Subscription Term & Renewal

  • The subscription is valid for 12 months from the purchase date.

  • The plan automatically renews each year unless canceled in writing at least 30 days prior to renewal.

  • You will receive a reminder before your renewal date.

  • You may pause your subscription for up to 6 months, provided you notify us at least 14 days before the next scheduled shipment.

3. Recipient Management

  • You are responsible for providing recipient names, addresses, and any relevant details (e.g., birthdays or move-in anniversaries).

  • Cut-off for updates: Recipient info must be submitted or updated at least 14 days before the scheduled delivery date.

  • If a delivery fails due to outdated or incorrect information, reshipping fees may apply.

  • Recipients can be changed once per gifting cycle, provided the cut-off deadline is met.

4. Gift Scheduling & Fulfillment

  • Standard gift deliveries follow a seasonal cycle (typically March, June, September, and December) or a custom schedule, based on your selected frequency.

  • Birthday and milestone gifts are scheduled based on the dates you provide.

  • All gifts are professionally curated by Gray Jay Gifts—contents are not client-selectable but reflect our high standards for quality and presentation.

  • Product substitutions may occur based on availability, but always with equal or greater value.

5. Billing & Payments

  • All pricing and plan details are visible at checkout.

  • Subscriptions are billed upfront annually, unless otherwise agreed in writing.

  • Payments are processed securely through our payment provider (e.g., Stripe).

  • If a recurring payment fails, we will notify you via email to update your payment method. Continued service may be paused until payment is received.

  • All fees are non-refundable once the subscription is active and gifts are being prepared or have shipped.

6. Cancellation Policy

  • Subscriptions may be canceled with 30 days’ written notice before the next scheduled gift.

  • If you cancel mid-term, any scheduled or remaining gifts within your paid plan will still be sent.

  • You may not receive a refund for unused portions of your subscription.

7. Lost or Damaged Deliveries

  • If a gift is lost or arrives damaged, please notify us within 5 days of delivery.

  • We will review and replace the gift or issue a credit at our discretion.

  • We are not responsible for delivery delays due to weather, courier issues, or recipient unavailability.

8. Agreement to Terms

By completing your subscription, you confirm that you have read and agree to these Terms of Service. You also agree to receive transactional emails related to your subscription, billing, and gift fulfillment.

9. Customer Data and Data Privacy

9.1 Ownership and Responsibility

Gray Jay Gifts acknowledges and agrees that, as between the Subscriber and Gray Jay Gifts, all information, data, and materials provided by the Subscriber for use in connection with the Top of Mind program—including but not limited to client names, addresses, email addresses, phone numbers, milestone dates, delivery preferences, and any related contact or personalization information (“Customer Data”)—shall remain the exclusive property of the Subscriber.

The Subscriber is solely responsible for:

  • Ensuring the accuracy, completeness, and currency of all Customer Data submitted;

  • Reviewing and verifying all data prior to confirming gift orders;

  • Avoiding submission of duplicate or conflicting recipient entries;

  • Updating Gray Jay Gifts with any changes to recipient information at least fourteen (14) days prior to a scheduled gifting cycle.

Gray Jay Gifts shall not be liable for any losses or disruptions arising from inaccurate or outdated Customer Data. Refunds or credits will not be issued for any order errors attributable to Subscriber-provided information.

9.2 Data Security and Use

Gray Jay Gifts is committed to protecting Customer Data in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, Alberta’s Personal Information Protection Act (PIPA). Customer Data is collected, used, and disclosed solely for the purposes of:

  • Fulfillment and administration of the Top of Mind gifting services;

  • Communication related to delivery, payment, or customer support;

  • Personalization of gift messaging and presentation.

Customer Data is retained only for as long as necessary to fulfill its intended purpose, after which it is securely deleted or anonymized.

9.3 Third-Party Service Providers

Gray Jay Gifts may share limited Customer Data with trusted third-party service providers (e.g., couriers, fulfillment partners, payment processors) strictly for the purpose of delivering services under this agreement. All third parties are contractually bound to handle such data in accordance with Canadian privacy legislation.

9.4 Prohibited Data and Sensitive Information

The Subscriber agrees not to submit any personal or sensitive information beyond what is required to complete and fulfill a gift order. This includes, but is not limited to:

  • Social Insurance Numbers (SIN)

  • Health or medical records

  • Financial or banking details (except those submitted directly to the payment processor)

  • Government-issued ID numbers

  • Any other regulated data under PIPEDA, PIPA, or similar legislation

Gray Jay Gifts’ systems are not designed to handle such sensitive data. If such information is inadvertently submitted, Gray Jay Gifts shall not be liable for any associated risk or exposure and may permanently delete such data without notice.

9.5 Indemnification

The Subscriber agrees to indemnify and hold harmless Gray Jay Gifts, its affiliates, employees, contractors, and representatives from and against any claim, loss, damage, liability, or expense (including legal fees) arising from:

  • Failure to comply with applicable data privacy laws in the handling of recipient data;

  • The unauthorized or negligent disclosure of personally identifiable information;

  • Breach of this Section 10 or any applicable privacy legislation by the Subscriber.

9.6 Privacy Policy

For further details about how Gray Jay Gifts collects, uses, stores, and protects personal information, please refer to our Privacy Policy, which forms part of these Terms of Service and is incorporated by reference.

10. Contact Information

For updates, questions, or help managing your subscription, please contact:

Gray Jay Gifts
📧 hello@grayjaygifts.com
📞 7807201950
🌐 www.grayjaygifts.com