These Terms and Conditions of Use govern your use of Gifta website (https://giftagiftcards.com.au/) and Gifta mobile application (the Gifta App)

By downloading or using the App and Website and website, these terms will automatically App and Websitely to you – you should make sure therefore that you read them carefully before using the App and Website.

Gifted Technology Pty Ltd is committed to ensuring that the Gifta App and Website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App and Website or to charge for its services, at any time and for any reason. We will never charge you for the App and Website or its services without making it very clear to you exactly what you’re paying for.

The Gifta App and Website stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the App and Website secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Gifta App and Website won’t work properly or at all.

The App and Website does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the App and Website

You should be aware that there are certain things that Gifted Technology Pty Ltd will not take responsibility for. Certain functions of the App and Website will require the App and Website to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Gifted Technology Pty Ltd cannot take responsibility for the App and Website not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the App and Website outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still App and Websitely. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App and Website, or other third party charges. In using the App and Website, you’re accepting responsibility for any such charges, including roaming data charges if you use the App and Website outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App and Website, please be aware that we assume that you have received permission from the bill payer for using the App and Website.

Along the same lines, Gifted Technology Pty Ltd cannot always take responsibility for the way you use the App and Website i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Gifted Technology Pty Ltd cannot accept responsibility.

With respect to Gifted Technology Pty Ltd’s responsibility for your use of the App and Website, when you’re using the App and Website, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Gifted Technology Pty Ltd accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App and Website.

At some point, we may wish to update the App and Website. The App and Website is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the App and Website to) may change, and you’ll need to download the updates if you want to keep using the App and Website. Gifted Technology Pty Ltd does not promise that it will always update the App and Website so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the App and Websitelication when offered to you, We may also wish to stop providing the App and Website, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App and Website, and (if needed) delete it from your device.

ACKNOWLEDGEMENT

By downloading and using the Gifta App and Website you acknowledge that you are providing your express consent to receive commercial messages from Gifta, for the purposes of advertising, promoting and providing special offers relating to Gifta Products (Gifta Products) pursuant to the requirements of the Spam Act 2003 (Cth).

INTELLECTUAL PROPERTY

The entire content included in the website including but not limited to text, images, logos, graphics, audio, video or code is owned by Gifta, its affiliates or related entities. Where content on the website is provided by persons other than Gifta then that content is deemed to be owned by the person providing it and is protected by Australian and International copyright laws.

You must not transmit, broadcast, edit, adapt or make use of any content on the website whether belonging to Gifta or an external provider. Where any content of the website is downloaded or printed you agree that such content is to be used solely for private and non-commercial purposes or to evaluate and/or purchase any Gifta products.

USING THE GIFTA App and Website

The Gifta App and Website is the online App and Websitelication used by you to purchase a Digital Gift Card for dining and entertainment experiences with your preferred Provider.

When using the Gifta App and Website you acknowledge and agree that you must set up a user account which may require you to provide the following information:

  1. your full name;
  2. your mobile telephone number;
  3. your username/email address;
  4. your password;
  5. your credit card details; and
  6. any other information Gifta deems necessary from time to time.

You are solely responsible for selecting your username and password in relation to using the Gifta App and Website and Gifta or any of its affiliates or related entities will not be responsible or liable to you resulting from:

  1. an inApp and Websiteropriate or poor choice of username or password;
  2. a failure to change your password on a regular basis;
  3. a failure to promptly inform Gifta of a possible identity theft; or
  4. a failure to keep your username and password hidden and secret.

You are responsible for maintaining confidentiality of all your personal details, password and payment details. You agree to accept full responsibility for all of your activities on the website and the Gifta App and Website. If you purchase a Digital Gift Card using the Gifta App and Website, Gifta may send you notification by email or SMS confirming the details of your order. The confirmation will not constitute a Tax Invoice.

The Gifta App and Website must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Gifta reserves the rights to refuse service, terminate your access to the website or online Gifta App and Website, remove or edit any content or cancel your purchase in its sole discretion and without any notice to you.

In purchasing any Digital Gift Cards products using the Gifta App and Website, you will be required to:

  1. select the relevant Provider from which you would like to spend the Digital Gift Card;
  2. select the dollar value of the Digital Gift Card you wish to purchase; and
  3. pay for the selected Digital Gift Card utilising the credit card nominated by .

You acknowledge and agree that in relation to any Digital Gift Cards purchased by you via the Gifta App and Website:

  1. you, or the Digital Gift Card Recipient must use the Digital Gift Card purchased from the Gifta within a twelve (12) month period after you have purchased and paid for the Digital Gift Card;
  2. you are not entitled to a refund or credit for any Digital Gift Card purchased and paid for by you if you fail to use the Digital Gift Card within a twelve (12) month period after the Digital Gift Card is purchased and paid for;
  3. the Digital Gift Card cannot be redeemed for cash;
  4. no refunds or credits will be provided in general.

In using the Gifta App and Website you:

  1. acknowledge that all Digital Gift Card purchases treated as an express intention to purchase the Digital Gift Card for the dollar value nominated by you;
  2. agree that you are contracting directly with the individual Provider from which the Digital Gift Card can be redeemed and not with Gifta;
  3. indemnify Gifta from all claims relating to a failure of the Gifta App and Website;
  4. indemnify Gifta for use of the Stripe Payment Gateway and the input of your credit card details;
  5. indemnify Gifta from all and any claims relating to the goods and services made available to the Digital Gift Card Recipient by the Provider and its ability to redeem the Digital Gift Card;
  6. Agree and acknowledge that the Digital Gift Card Recipient will be bound by these Terms and Conditions of Use.

In making the Gifta App and Website available for use, you acknowledge that Gifta:

  1. merely acts as an agent for the Provider from which the Digital Gift Card can be redeemed (as selected by you);
  2. in its capacity as agent, collects and processes any online payments and remits this amount directly to the Provider from which the Digital Gift Card can be redeemed instantly;
  3. does not provide you with any goods or services but rather facilitates the sales of the Digital Gift Card as agent for the Provider;
  4. makes no warranties or representations regarding the goods and services be provided (by the Provider);
  5. does not guarantee that the website or the Gifta App and Website systems will be error free or any errors will be corrected;
  6. does not guarantee that the website or the Gifta App and Website will be free from any viruses, harmful components or any other unintended third party interference; and
  7. reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

RETURNS/REFUNDS

Any Digital Gift Cards purchased from the Gifta App and Website cannot be returned and Gifta will not provide a refund of any amount paid to it by the Purchaser.

SECURITY POLICY

Gifta uses the Stripe Payment Gateway (Stripe) for its online credit card transactions. Stripe processes online credit card transactions for Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on the Gifta App and Website using the Stripe gateway are encrypted and use the Transport Layer Security (TLS) cryptographic protocols to secure payments.

You must take all necessary steps to ensure that the information sent by you to website as well as the information sent from the website to you is protected by up to date third party software including, but not limited, firewall software, antivirus software and any other security protection software available.

All information provided by you to the website is done so at your own risk.

ACCESS AND RESTRICTIONS

You acknowledge and agree that from time to time access to the website or the Gifta App and Website may be denied for any one or all of the following reasons:

  1. maintenance and/or repairs;
  2. upgrades and enhancements;
  3. Gifta server down time or failure;
  4. Gifta systems down time or failure; or
  5. software utilised by Gifta is corrupt or has failed.

YOUR PRIVACY

Gifta is an organisation that respects and values your privacy and agrees to use all reasonable endeavours to keep your private and personal information safely and securely stored at all times to avoid misuse, loss, unauthorised access, modification or disclosure and handle your private and personal information in an App and Websiteropriate manner.

OMISSIONS AND ERRORS

Whilst Gifta makes every effort to ensure the accuracy of its website and Gifta App and Website content, you acknowledge that periodically omissions or errors may App and Websiteear in relation to some content of website and the Gifta App and Website including but not limited to errors in the price, name, description, or any other aspect of the Provider’s goods and services or Digital Gift Cards sold. If you believe that an error or omission exists on the website or the Gifta App and Website, we kindly request that you immediately notify us of the error or omission.

You acknowledge and agree that Gifta is not in any way liable to you for any direct or indirect loss, damage, cost or expenses suffered or incurred by you as a result of any error or omission App and Websiteearing on the website or the Gifta App and Website.

GIFTA LIABILITY FOR GOODS AND SERVICES SUPPLIED

Gifta is not liable to you or any other person for any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by you or any other person from the purchase or consumption of any good and services at the Provider’s premises, and you agree to indemnify Gifta from and against any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by you or any other person under this clause; and

Should Gifta become legally liable to you for any loss or damage suffered or incurred by you from your purchase or consumption of any goods and services at a Provider’s premises in connection to the Digital Gift Card, you agree that Gifta’s liability to you is at all times limited to the dollar value of your Digital Gift Card.

INDEMNITY

You agree to indemnify and hold harmless Gifta and its related corporations, affiliates and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with:

  1. your use of and access to the website (including the Gifta App and Website);
  2. your violation of any term of these Terms and Conditions of Use; and
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
  4. any claim that one of your user submissions caused damage to a third party;
  5. any and all claims that you may have against a Provider;
  6. use of your user submissions by Gifta;
  7. supply of goods and services by the Provider;
  8. consumption of the Provider’s goods and services;
  9. any unintended consequences of payment for a Digital Gift Card using Stripe.

GENERAL

These Terms and Conditions of Use constitute a legally binding agreement between you and Gifta, concerning the website, including the Gifta App and Website. These Terms and Conditions of Use are governed by the laws of the State of Victoria and all Federal laws of Australia. Any claim or dispute between you and Gifta that arises in whole or in part from the website will be decided exclusively by a court of competent jurisdiction located in the State of Victoria.

CHANGES TO THIS TERMS AND CONDITIONS

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 06th November 2020

CONTACT US

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at.

Gifted Technology Pty Ltd