Terms & Conditions
These Terms and Conditions apply to customers (Gifters), Giftees (Gift recipients) and Gift Splitters (gift contributors)
In these Terms, ‘us’, ‘we’ and ‘our’ means GiftFlick™.
2. About GiftFlick
- GiftFlick operates a website (giftflick.com.au, www.giftflick.net) through which customers can purchase vouchers experiences, products or services from third party merchants as gifts for third party recipients (Giftees).
- GiftFlick does not supply any of the experiences, products or services which are purchased through our website.
- You acknowledge that GiftFlick acts as a non-exclusive broker, not an agent, between customers and third party merchants.
- By using our website, you agree to be bound by these Terms.
- Account means an account registered with the Website.
- ACL means the Australian Consumer Law.
- Commissionmeans a commission amount retained by GiftFlick as specified in the Merchant Agreement.
- Customer means a user who purchases Gifts through the Website.
- Gifts means the following gifts:
- Gift Vouchers– vouchers that can be redeemed by the Giftee for a specific Product/Service/Experience that is listed on the Website;
- GiftFlick Credits– monetary value that is credited to a Customer that can be exchanged for Products on the GiftFlick website;
- GiftFlick e-Cards– digital greeting cards(which when purchased do not give the customer or Giftee a commercial or royalty free ownership/license and can not be resold or re-distrbuted in a commercial sense in otherway; and
- Priceless Gifts – digital gift vouchers which inform the Giftee that the Gifter will provide a product, service or favour that is novelty in nature.
- Giftee means a recipient of a Gift from a Customer.
- Gift Splitter means a user who contributes to a gift via the GiftSplit feature
- Listing means a Product listed on the website by a Merchant.
- Merchant means a third party supplier who lists Products on the Website.
- Merchant Agreement means the agreement of that title between a Merchant and GiftFlick.
- Product means a product, voucher, service or experience.
- Purchase means a purchase of a Gift/GiftFlick Card on the Website.
- Website means the GiftFlick Website located at: giftflick.com.au
- You may need to be a registered user to access certain parts of our Website and to make a Purchase.
- When you register, and activate your account, we may require personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current.
- When you register and activate your account you are responsible for keeping your user name and password secure and are responsible for all use and activity carried out under your user name.
- To create an account, you must:
- be at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and agree and warrant to use the Website in accordance with these Terms.
5.1 Purchasing Gifts
- A Customer can browse Listings and purchase Gifts on the Website.
- To purchase a Gift, a customer is required to have an account or checkout as a guest and make payment through one of our approved methods which will be displayed at checkout.
- A Customer will receive a notification to their registered email that their Purchase was successful.
- All descriptions, images and other details about Products are supplied by the Merchant. GiftFlick does not verify and takes no responsibility for their accuracy.
- Subject to clause 5.2.E, the Customer is responsible to pay the shipping charge for a Gift which is listed at the point of purchase if applicable
5.2 Redeeming Gifts
- For physical products the Giftee must redeem the products within 90 days of the purchase date.. The Giftee will be asked to provide their details so the merchant can ship the product to them or follow the instructions/terms provided to them in the email Both the Gifter and the Giftee will be notified several times prior to the redemption period expiring
- Any Gifts redeemed after these periods will not be accepted unless agreed to by GiftFlick and/or the Merchant at their discretion.
- By Redeeming a Gift, a Giftee agrees to be bound by these terms.
- To Redeem a Gift, a Giftee may be required to enter their name, contact number, email and/or address and on some occasions additional information which will be used to deliver/fulfil the Gift. On some occasions the customer will be required to take additional steps to redeem their gift. In this instance an email will be sent to them with detailed instructions and terms
- The Giftee is responsible for any charges related to failed deliveries and any must pay any re-delivery charges to redeem a Gift.
- Delivery of Products is the responsibility of the Merchant and GiftFlick accepts no responsibility for late, damaged or misdelivered Purchases.
- For Experiences and Services the Giftee must redeem the experience/service within 12 months of the purchase date. The expiry date is clearly listed on the voucher.
- The basic terms and instructions on how to use your experience/service voucher of the service/experience are also outlined on the voucher
5.3 Priceless Gifts
- Priceless Gifts are novelty in nature whereby the Customer notifies the Giftee that he or she will provide a novelty product, service or favour. Priceless Gifts are non-binding and GiftFlick is not responsible for the fulfilment of these gifts.
5.4 Refunds, cancellations and disputes
- All Purchases are final and are non-refundable. A Customer or Giftee may request a refund from GiftFlick however we reserve the right to accept or reject a refund request at our absolute discretion.
- If we approve a refund, we reserve the right to refund the purchase price in the form of GiftFlick Credits which can be used to purchase other Gifts on our website.
- If a dispute occurs, GiftFlick will assist to resolve the dispute between the Customer and the Merchant. However, the Customer and Merchant agree not to commence court proceedings before making a genuine attempt to mediate the dispute.
- A Customer can enter the contact details of multiple people who will be notified via email or SMS that they have been asked to contribute funds to the Gift. The Customer remains responsible for all payments to GiftFlick and any contribution arrangement is strictly between the Customer and the contributors. This feature is referred to as GiftSplit. Any contributions must be made directly to the Customer and it is the Customer’s responsibility to ensure that funds are received from the contributors.
- The contributors have the ability to add a message, video or photo to the digital card provided they do so before the Gift is delivered to the Giftee.
- If a Customer uses the Giftsplit feature, the Customer is still required to make full payment to GiftFlick for the Purchase at checkout.
- GiftFlick will not be held liable if the contributors do not provide funds, or re-imburse the Customer for the Gift.
6.1 Giftee details
- A Customer may be required to submit certain information about the Giftee to complete a purchase, including but not limited to, their name, email and mobile number. This information may be used by GiftFlick and the merchant to provide the Product.
- You are required to ensure that the Giftee’s details are accurate and free from error. GiftFlick will not be held liable for any loss caused by information that is inaccurate. GiftFlick accepts no responsibility if a Gift is sent to a person in error as a result of incorrect information being provided by a customer. GiftFlick will not be liable if a Gift is redeemed by an unintended third party due to a Gift being sent to an incorrect number or email address. If you have sent a gift to the wrong number/email please contact us immediately or login to you account, click in “You” > “sent Gift” and re-enter the correct mobile number asap.
- You may include a greeting with the gift as a text or video message.
- We will not be held liable if a voucher, service or product is not received as a result of incorrect information or as a result of any third party software or firewalls which block a Gift from being received.
- You(Gifter/Gift Splitter) understand that any text, video or images that you include with a Gift is not private or confidential information and you consent to it being shared by the Giftee, on social media or through other means at their discretion.
- Some Gifts may only be provided to persons over the age of 18 by law. The Customer warrants that any such Gifts will only be provided to Giftees who are over 18 years of age.
6.2 Sending gifts
- A Customer can select a delivery option at checkout which will determine when a Giftee will receive a Gift.
- The Giftee will receive an SMS or an email from GiftFlick with a link which will contain details on how they can redeem their Gift.
- You may re-send an SMS to a Giftee once in the event you accidently enter in incorrect mobile number. We reserve the right to agree to such a request at our absolute discretion.
- If a customer chooses to send a gift with a pre-defined date and time in the future eg 01/05/2018 at 3:00pm AEST the message should be sent within 10 minutes of that particular time. For all other options the gift should be sent immediately unless a video message has been added. When a video has been uploaded, it will be encoded and optimised by a third party video cloud server for optimised playback on any device. This typically takes less than 5 minutes but can vary based on the length/size of the video and network performance. Once this has process has completed the message will be automatically sent out.
- GiftFlick will not be held liable in the event that a gift message is delayed due to delays caused by third party providers such as our hosting and sms broadcast providers.
7. GiftFlick Credits
- GiftFlick Credits can be redeemed for Gifts or Products listed on the website.
- GiftFlick Credits cannot be transferred or redeemed for cash.
- Any GiftFlick Credits which are not redeemed within 12 months from date of issue will expire.
- GiftFlick may from time to time offer promotions and discounts to Customers.
- You may be required to enter a code at checkout to apply the discount or promotion to the Purchase. You will be notified before checkout whether the code is valid and has been accepted.
- All vouchers must be redeemed in one transaction. Any moneys remaining on a voucher in excess of the Purchase amount will be forfeited.
- We reserve the right to cancel any promotion without notice at any time.
- If we believe there has been any fraud or unauthorised use, we reserve the right to cancel your account and/or any Gifts purchased through the Website.
9. Accuracy, completeness and timeliness of information
- The information on our Website is general in nature and should not be relied upon.
- The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the ACL, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
- We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
- We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
10. Linked Website
Our Website may contain links to websites operated by third parties, including Merchants who list on our Website. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or services offered, and have no control over or rights in those linked websites or services.
11. Intellectual property rights
- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (“Content”).
- Your use of this Website or the Content, does not grant or transfer any rights, title or interest to you in relation to this Website or Content. However, we do grant you a licence to access the Website and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.
- Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
12. Unacceptable activity
- You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
- Listing Gifts that contain goods or services that are illegal;
- using this Website to defame or libel us, our employees, Merchants or other individuals;
- uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;
- posting reviews or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party’s systems or network security.
- If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
13. Your relationship with GiftFlick
- We provide a platform to connect Customers with Merchants.
- You acknowledge that GiftFlick is not a party to any transactions between you and a Merchant.
- We encourage Merchants to maintain insurance relevant to their service or products however we make no representations or claims that they in fact do so. It is the Customers responsibility to confirm with the Merchant that they hold valid insurance before redeeming a Gift.
- GiftFlick shall not be liable for any breach of contract by the Merchant or a Customer, including, but not limited to any failure by the Merchant to honour a Gift (due to an insolvency event or for any other reason).However, in the event that this occurs, please contact GiftFlick immediately and we will either assist in the resolution or offer the Giftee/Customer a refund in the form a GiftFlick website credit
14. Warranties and disclaimers
- To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
- We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website or any Content, or restrict you from making a Purchase, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
- Under the ACL you may have certain rights which cannot be excluded. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
- To the extent permitted by law and without limiting your rights under the ACL, if GiftFlick fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits GiftFlick to limit their liability in respect of such failure, the liability of GiftFlick is limited to the cost of the Gift.
- To the maximum extent permitted by law, including the ACL, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website, or supply of goods and services of Gifts listed on the Website, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
- You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
- You understand that all Products are supplied by third party Merchants and that GiftFlick has no liability for any act, omission or default, whether negligent or otherwise in relation to a Product supplied by a Merchant.
16. No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this website. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or business.
17. Collection notice
- We may disclose that information to third parties that help us deliver our services (including Merchants, technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to Third Party Payment Processors, developers and other third parties in order to assist with investigating issues.
18. Force majeure
GiftFlick will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to
- acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
- acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and strikes
19. How you can contact us
- If you have any queries about GiftFlick, Gifts or Merchants, you are able to submit such queries by contacting us at [email protected]
- Any queries or complaints received by us will be referred for investigation by our team and a response will be provided to you as soon as possible.
20. Variation of this website and terms
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website/Terms.
21. Jurisdiction and governing law