GIFTA AUSTRALIA PTY LTD TERMS OF SERVICE
Welcome to Gifta Australia. Gifta Australia Pty Ltd (“Gifta Australia”, “we”, “us”, “our”) is a service which enables access to our websites, mobile applications (“App”) and other products and services where a user can buy, send, redeem, manage and store digital Gift Cards, codes and/or vouchers (collectively, “Gift Cards”) and receive other services from Gifta Australia as described here (collectively the “Services”).
Please read this document carefully because these Terms of Service (collectively, “Terms”) describe the legally binding agreement between you and Gifta Australia on which we offer you access to the Services, including the services provided by our independent third party payment processor/s.
You may use the Services by creating a Gifta Australia account or by using the Services via our guest checkout function (“Guest Checkout”) pursuant to these Terms.
By creating a Gifta Australia account, or by using Guest Checkout, you acknowledge that you must live in the Australia and have read, understood, and agree to be bound by the Terms. Users of the Service must be 13 years of age or older. If you are under the age of 13, then you are not permitted to register for an account with Gifta Australia and may not use the Guest Checkout. Persons between the ages of 13 and 18 may only use the Service with the supervision of a parent or legal guardian who registers for an account with Gifta Australia or uses the Gest Checkout, and thus agree to be bound by these Terms.
If you do not agree to the Terms or are under the age of 13, do not use the Service. These Terms do not affect any agreements you have with any other party for products, services or otherwise. Gift Cards sold via the Service are valid for use within Australia and may be available for use or sending to recipients in other countries. Please consult the Gifta Australia Gift Card wall via the Service and each participating issuing retailer’s (“Retailer”) terms and conditions for the use of Gift Cards outside of Australia.
We reserve the right to modify these terms at our sole discretion at any time. If any modifications are made, we will provide notice of such changes through the Service, email or by updating these Terms (as indicated by the “Last Updated” date found at the top of the terms) on the Gifta Australia website Terms of Service. By agreeing to this you consent to receive notifications through these means and your continued use of the Service will indicate your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Services.
YOUR GIFTA ACCOUNT
In order to use the Services, you will need to register an account or you may use the Guest Checkout. Where an account is created, only one account can be registered and in doing so you agree to: (1.) submit your own valid e-mail address, (2.) create a password; (3.) that all information that you submit will be true, accurate and not misleading; (4.) keep confidential and secure, all aspects and information of your account including your password; (5.) you are responsible for any and all uses of your account, whether or not you have authorised such use; (6.) keep confidential and secure all aspects of other users’ account information that you may have access to; (7.) you will not use the Service for any unlawful or otherwise prohibited activity; (8.) maintain and promptly update your account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes; and (9.) notify Gifta Australia if you discover or suspect that your account has been subject to illegal, hacking or unauthorised use by emailing us at firstname.lastname@example.org. By signing into Gifta Australia and creating an account, any misleading, inaccurate or false personal information will result in Gifta Australia reserving the right to de-activate your account and ban you from using our service in the future.
We encourage all users to have a passcode lock on their mobile devices. Gift Cards should be treated like cash and adding a passcode to your mobile device will ensure they are protected if you should lose your mobile device. Do not share your passcode with anyone. If you lose your mobile device please contact us at email@example.com as soon as possible so we can put a hold on your account. If someone has already spent your Gift Card unfortunately we are unable to assist you.
- Gifta Australia is a secure site and mobile application.
- Gifta Australia uses a third-party PCI compliant payment processor, we do not hold any financial information.
- Retailers’ Gift Cards are linked to their POS systems. Once the amount is redeemed you cannot use that Gift Card again.
Our Terms of Sale applies when you purchase products such as Gift Cards from Gifta Australia. These are subject to change at any time at our discretion, and so the Terms of Sale should be reviewed each time a purchase is made. Gifta Australia Terms of Sale are available via the Service.
GIFTA SERVICE DESCRIPTION
- Gifta Australia is a re-seller of digital Gift Cards. We do not re-sell plastic or physical Gift Cards.
- The Gifta Australia App and website are a free services to use.
- To use this service you need to create an account with Gifta Australia or may use the Guest Checkout.
- To purchase a Gift Card you will need to use a valid VISA, MasterCard or American Express or other approved method of payment as updated on the Service from time to time.
- Access to Gifta Australia is provided with your email or other means of access as provided or approved depending on your device as updated from time to time.
- Features include (but are not limited to) buying, sending, redeeming, receiving Gift Cards, using your mobile device, manage and store your Gift Cards and receive offers from time to time.
- Gifta Australia processes payment transactions on your behalf each time a payment is made. We use a third-party PCI compliant payment processor; we do not hold any financial information or credit card details.
- Gifta Australia provides users with a platform to purchase digital Retailer Gift Cards issued by Retailers.
BUYING GIFT CARDS
Each time you buy a Gift Card for yourself, it will be stored in your digital wallet. You will be able to view and manage all Gift Cards purchased in your Card History.
SENDING GIFT CARDS
- The Services enable you to gift or send purchased Gift Card to your friends.
- Each time you send a Gift Card via Gifta Australia to a friend you will be notified when your friend has opened the card. Once the Gift Card has been received Gifta Australia no longer accepts responsibility of this Gift Card.
- If your friend has not received their email notifying them of their Gift Card, ask your friend to check their junk mail.
- In the event the email you have chosen is incorrect please contact firstname.lastname@example.org so we can review your request and, where applicable, re-direct to the correct email address. If by accident you have selected the wrong email and the Gift Card has already been redeemed we are unable to assist with this request.
- The sender has the option to send gift email via Short Message Service (SMS). Gifta Australia will endeavour to send the SMS at the same time of as the gift email.
- The sender has the ability to personalise the Gift Card with their own chosen image. Based on “User Content” as set out in the Terms, Gifta Australia reserves the rights to replace the image set by the sender with an alternative image.
Gift Cards can be delivered to the recipient on a date (and time where sent by the App) defined by you. Gifta Australia will endeavour to deliver the Gift Card on the date (and time if applicable) defined by you. Gifta Australia cannot guarantee the time of delivery or the delivery of Gift Card on the date defined by you.
SHORT MESSAGE SERVICE (SMS) DELIVERY
Gift Cards can be delivered to the recipient’s mobile phone. To view the Gift Card, the recipient must have an internet-enabled handset. The deliverability of the SMS is dependent on several factors such as traffic feasibility on the mobile network and whether the recipient’s mobile phone is within reach, switched on; and cannot therefore be guaranteed by Gifta Australia. Gifta Australia is not a mobile network operator and does not guarantee the delivery of SMS text messages. The sender is responsible for entering the correct phone number of the recipient, Gifta Australia is not liable for Gifts Card lost when the gift message is sent to an incorrect or unintended mobile phone number.
GIFTA CHOICE eGIFT CARD
The Gifta Choice eGift Card allows the recipient to swap Retailer Gift Cards of their choice to the equal value of the Gifta Choice eGift Card (available on the Service). The Gifta Choice eGift Card is valid for 36 months so please make sure you exchange to the Gift Card of your choice before the end of the 36 month period. By swapping the GiftaChoice eGift Card for Retailer Gift Cards, you agree to the Gift Card Terms and Conditions set by the Retailers. Please check Retailers Terms and Conditions before you perform the swap. Once a Gifta Choice eGift Card has been swapped or partially swapped, it cannot be returned back to a Gifta Choice eGift Card.
YOUR DIGITAL WALLET
Each account automatically creates a digital wallet. This is where all your Gift Cards are stored and where you can check balances of, manage and redeem your Gift Cards and view Retailer terms and conditions. Notwithstanding anything stated to the contrary, balances of Gift Cards may only be accessible or viewed if and when the Retailer makes this available to Gifta Australia. Gifta Australia does not warrant the accuracy of the balance of the Gift Cards in your wallet.
REDEMPTION OF GIFT CARDS
Redeeming in a physical store:
- To redeem a Gift Card from your digital wallet, tap the Gift Card. The Gift Card will reverse showing the barcode, pin number (if applicable) and code. If optical scanners are available simply scan the barcode.
- Tips for scanning Gift Cards: Tilt your mobile device so the Gift Card is enlarged in the horizontal format.
- If optical scanners are not present the cashier may be required to manually enter the Gift Card code number at checkout.
- The option to print out your Gift Card is also possible. Simply take a print-out to the Retailer physical store and present at the time of purchase.
- In your digital wallet, tap the Gift Card. The Gift Card will reverse showing the barcode, pin number (if applicable) and code. Tap the “copy” button to save your code to the clipboard. At the Retailer’s checkout, simply paste this code into the designated code area on that Retailer’s website.
- Please note: not all Retailers’ Gift Cards are available for purchasing their respective goods online.
Please check each Retailer’s Terms and Conditions before you purchase a Gift Card.
When you have redeemed your Gift Card, or the balance is very low, you have the option to delete this card. If you accidentally delete your Gift Card please contact us at email@example.com.
REFER A FRIEND
From time to time Gifta Australia offers users the opportunity to receive a free Gift Card. Users are able to invite friends via their email either on the Gifta Australia website or in the App. Users are not permitted to send invitations to themselves, either via the same Gifta Australia account or by setting up new Gifta Australia accounts. Gifta Australia will only honour legitimate invitations to friends. At Gifta Australia’s sole discretion – Gifta Australia will determine users who are deemed to be sending invitations to themselves or are otherwise seeking to misrepresent or defraud Gifta Australia.
LINKS TO THIRD PARTY SITES AND SERVICES
- Gifta Australia can provide links to third-party websites, apps, mobile services or other third-party services and may also display, link to or make available third-party content, data, information, events, apps or materials (including social media) (“Third-Party Services”) on or via the Service. This does not indicate that Gifta Australia endorses, controls or makes warranties or representations of any kind in relation to those Third-Party Services. All users are deemed to accept and understand that access to any Third-Party Services is entirely at their own risk. Gifta Australia takes no responsibility for any legal issues or otherwise that may result from your use of the Third-Party Services, nor the loss, damage or harm that may be incurred as a result of your use of the Third-Party Services. Your access to these services is not governed by the Terms or Gifta Australia’s other terms and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for Third-Party Services are solely between you and the Third-Party Service provider and not Gifta Australia.
INTELLECTUAL PROPERTY AND LIMITED LICENCE
Unless otherwise indicated, the Services and all content and other materials are the proprietary property of Gifta Australia or our licensors or users and are protected by the Australian intellectual property legislation and the common law.
Gifta Australia grants you a limited, non-exclusive license to access and use the Services and any content made available by Gifta Australia (“Gifta Australia Content”) only for the purpose of purchasing, sending or managing Gift Cards or receiving other services under these Terms. The license is subject to these Terms and you are not permitted to:
- Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Gifta Australia Content;
- Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or Gifta Australia Content;
- Modify, alter or otherwise make any derivative uses of the Service or the Gifta Australia Content, or any portion thereof;
- Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or Gifta Australia Content;
- Use any data mining, robots or similar data gathering or extraction methods;
- Download (other than page caching) any portion of the Services or the Gifta Australia Content, except as expressly permitted via the Services; and
- Use the Services or the Gifta Australia Content other than for their intended purposes or contrary to law.
Some designs from the complimentary “Greeting Cards“ are the intellectual property of a third party stock agency. We do not own or claim to own the intellectual property for these designs. These have been licenced to Gifta Australia for the sole use of our Services and are not to be reproduced in any way. Any other “Greeting Cards“ are the sole intellectual property of Gifta Australia.
Any use of the Services or the Gifta Australia Content other than what is specifically referred to in these Terms of Service is prohibited and any licence granted will be terminated. Unauthorised use may also breach intellectual property laws and intellectual property rights. The licence is revocable at any time.
“Gifta Australia” is a registered trademark. “Gifta Australia”, the logo and any other Gifta Australia product or service names (including the Service) are Gifta Australia’s intellectual property and may not be copied, imitated or used, whether in whole or part, without the prior written consent of Gifta Australia. All other trademarks and names mentioned in the Service are the property of their respective owners and cannot be used without the permission of the relevant holder.
REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
Gifta Australia has a policy of terminating – in appropriate circumstances and at Gifta Australia’s sole discretion – users who are deemed to be repeat infringers. Gifta Australia may also limit access to the Services and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes upon any intellectual property, which you own or control, a notification may be filed by emailing firstname.lastname@example.org. If you knowingly misrepresent in your contact with us that the material or activity is infringing, you will be liable for any damages, costs or legal fees incurred by us or the alleged infringer as the result of our relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The user is solely responsible for all content posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Service (“User Content”). This content must comply with the rules set out below. They do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
We reserve the right to cancel a user account at any time for any reason in our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service content, which falls under any of the following:
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to email@example.com. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether the Terms have been violated and to determine what, if any, action should be taken.
While Gifta Australia does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, Gifta Australia reserves the right to remove, screen or edit any content posted, stored or uploaded onto the Service at any time for any reason without notice. You are solely responsible for backing up your content and replacing any content you post, store or upload onto the Service at your own costs and expense. We take no responsibility or liability for any content.
Other than for feedback provided with respect to the Services, you retain ownership of any content you post, store or upload onto the Service. You therefore allow Gifta Australia and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any manner or media, on or off the Service. You represent and warrant that:
- Unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
- Any sexually explicit User Content;
- Language or user conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
- Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”;
- Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property;
- Posting User Content originally posted by another user without permission or attribution;
- Content designed to deceive or trick the user of the Service;
- Material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
- Private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service; or
- If we in our judgment and sole discretion deem it appropriate.
You own and control all of the rights to the content that you post, store or upload on the Service or that you have the right to make available such content via the Service;
The User Content posted, stored or uploaded onto the Service is accurate and not misleading;
Gifta Australia’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Service, and you agree that you will not permit anyone using your account to conduct any of the following in connection with the Services:
- Use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Service or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms;
- Flag content or report abuse for improper purposes or without good reason;
- Use the Service for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity;
- Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
- Create an account, post or upload any content if the person is not over 13 years of age;
- Use or attempt to use another user’s account without their authorisation or Gifta Australia;
- Modify, adapt, hack or emulate the Services;
- Use any interface not provided by us to access the Services or to extract data;
- Develop any third-party applications that interact with User Content or the Services without our prior consent;
- Avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
- Infringe upon/violate the rights of Gifta Australia, our users or any third-party.
Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with Gifta Australia. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.
We welcome your feedback. Feedback submitted through the Service or otherwise is non-confidential and becomes the sole property of Gifta Australia. We own the intellectual property rights in and to such feedback, and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.
For any technical issues with our Service please contact firstname.lastname@example.org for us to review the problem. We will take all measures to rectify the issue as soon as possible. Gifta Australia will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process.
Please follow the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made through the use of our Services:
- Notify Gifta Australia via email at email@example.com about the complaint you may have.
- Gifta Australia reserves all rights to conclude and offer, if warranted and applicable and in its sole discretion, a reasonable remedy for your complaint. In the event your complaint violates the Usage Policy, the Terms & Conditions for our website, any other policy not herein, or any and all applicable state and federal laws, we will dismiss your complaint and take reasonable action to procure a judgment against you or as is otherwise reasonable in the sole discretion of Gifta Australia.
- We have no obligation to resolve any dispute between you and any other recipient or Retailer. Users may resolve a dispute directly with each other or with the applicable Retailer.
- Gifta Australia reserves the right to cancel any order at any time for any reason, per our discretion.
Gifta Australia is a marketplace that provides users access to Gift Cards offered by Retailers. As an intermediary, we are not responsible for the creation or redemption of Gift Cards provided by Retailers, nor can we be held responsible for transactions on third party websites. Use of third-party logos and trademarks in no way constitutes an affiliation between Gifta Australia and a third party.
You expressly acknowledge and agree that your use of the Service and Gifta Australia content is at your own risk. Gifta Australia disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Service, including any:
- Implied warranties of merchantability;
- Implied warranties of fitness or suitability for any purpose; and
- Warranties of non-infringement or condition of title.
Gifta Australia does not warrant that the functions contained in the Service will be accurate or meet your requirements, that the operation of the services will be uninterrupted or error-free.
In your use of the Service, you agree, at your own expense, to defend, indemnify and hold us, our service providers and consultants from any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by or arising out of your use of the Service, your violation of these Terms or any content you post, upload or transmit through the Service.
LIMITATION OF LIABILITY
In no event will Gifta Australia be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Service and content contained, including but not limited to the Gift Cards, gift promotions and/or competitions, related products and services (this includes but is not limited to the redeemability of Gift Cards, codes and/or vouchers or gift promotions), user content, Gifta Australia content, third party services and/or materials, however caused, regardless of the liability and even if Gifta Australia has been advised of the possibility of such damages. In the matter of or relating to the use of or inability to use the Service, Gifta Australia’s total liability will not exceed fifty dollars ($50.00).
Gifta Australia is based in Australia and our Service is subject to Australian legislation. We make no warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations or other applicable terms or policies of Gifta Australia as made available from time to time. The laws of the state of New South Wales and Australia govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the State and Federal courts located in Sydney, New South Wales, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.
TERMINATION OF SERVICE
Your account with Gifta Australia and any access to the products and services is and shall remain at the sole and absolute discretion of Gifta Australia. Gifta Australia will reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. In no event will Gifta Australia be held liable for the removal of or disabling of access to any part or feature of the Service.
Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of the Terms is solely at our discretion and Gifta Australia’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
Gifta Australia can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Gifta Australia’s successors and assignees. You may not assign these Terms to another person or entity.
Notwithstanding anything contrary in the Terms, the additional terms set out in this section will apply to the installation and use of Gifta Australia’s App on iOS and/or Android devices. These terms govern any updates to, or supplements or replacements for, Gifta Australia’s App, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Pay and Touch ID are trademarks of Apple Inc. You acknowledge that the provisions above are solely between you and Gifta Australia, and not with Apple, Inc. Gifta Australia, not Apple, is solely responsible for Gifta Australia’s App and the content contained. You also acknowledge that your use of Gifta Australia’s App are subject to any additional restrictions set out in the Usage Rules for the Apple App Store Terms of Service as at the date you download Gifta Australia’s App. In the case of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the Gifta Australia Terms of Service, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.
The “Android” name, the Android logo, the “Google Play” brand, and other trademarks, are property of Google LLC (“Google”), registered in the U.S. and other countries. You acknowledge that the provisions above are solely between you and Gifta Australia, and not with Google. Gifta Australia, not Google, is solely responsible for Gifta Australia’s App and the content contained. You also acknowledge that your use of Gifta Australia’s App are subject to any additional restrictions set out in the Usage Rules for the Play Store Terms of Service as at the date you download Gifta Australia’s App. In the case of any conflict between the terms and conditions of the Usage Rules for the Play Store Terms of Service and the Gifta Australia Terms of Service, the terms and conditions of the Usage Rules for the Play Store Terms of Service will have precedence.
SCOPE OF LICENCE
Gifta Australia grants you a non-exclusive, non-transferrable, limited license to install and use Gifta Australia’s App on any iOS and/or Android device that you own or control, solely as permitted by the Terms and the Usage Rules set out in the Apple App and/or Android Play Store Terms of Service.
MAINTENANCE AND SUPPORT
You acknowledge and agree that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to Gifta Australia’s App.
You acknowledge and agree that Apple and/or Google (as applicable) is not responsible for any product warranties, whether express or implied by law, with respect to Gifta Australia’s App. In the case of failure of Gifta Australia’s App to conform to any applicable warranty, you may notify Apple and/or Google (as applicable), and Apple and/or Google (as applicable) will refund the purchase price, if any, paid by you to Apple and/or Google (as applicable) for the Gifta Australia App, and to the maximum extent permitted by applicable law. Apple and/or Google (as applicable) will have no other warranty obligation whatsoever with respect to these applications. You also acknowledge and agree that to the extent that there are any applicable warranties or other claims, losses, damages attributable to any failure to conform to any such applicable warranty; such will be the sole responsibility of Gifta Australia. You will understand and agree that in accordance with these Terms, Gifta Australia has disclaimed all warranties of any kind with respect to Gifta Australia’s App, and therefore there are no warranties applicable to such applications.
You acknowledge and agree that as between Apple or Android and Gifta Australia, Gifta Australia, and not Apple or Android, is responsible for addressing any of your claims or third-party claims relating to Gifta Australia’s App or your possession and/or use of such applications, including but not limited to (i) product liability claims; (ii) any claim that the applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that in the event of any third-party claim that Gifta Australia’s App or your possession and use of it infringe that third-party’s intellectual property rights, Gifta Australia, and not Apple or Android, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required under these terms.
You represent and warrant that: (i) you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country; and (ii) you are not listed on any Australian Government list of prohibited or restricted parties.
You acknowledge and agree that Apple and Android and their subsidiaries are third-party beneficiaries under these provisions and that upon your acceptance of the Terms, Apple and/or Android will have the right (and will be deemed to have accepted the right) to enforce these provisions against you as a third-party beneficiary thereof.
Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at firstname.lastname@example.org