TERMS & CONDITIONS

1. Definitions

1.1 “Goods” are all goods and services supplied or manufactured by Giftonix to the customer.

1.2 “Amount owing” shall mean the price of the goods, plus all costs, expenses, and penalties for which the customer is liable to pay Giftonix.

1.3 “Services” are the applications, websites, content, product and services made available by Giftonix

2. General

2.1 Your access and use of the services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

2.2 Giftonix may restrict you from accessing or using the services, or any part of them, immediately without notice in circumstances where Giftonix reasonably suspects that you have or are likely to breach these terms or upon 30 days notice to you.

2.3 You may terminate these terms at any time by deleting your account.

2.4 These terms may be subject to change by Giftonix.

3. Licence

3.1 Subject to your compliance with these Terms, Giftonix grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Giftonix and Giftonix’s licensors.

3.2 The services are provided for your personal use.

4. Purchase of Items

4.1 Giftonix provides a technology platform that enables you as a user of Giftonix’s mobile application/s or website/s to purchase items from vendors to gift to a third party of your choosing (“the recipient”).

4.2 In relation to the sale of each Item that has been ordered by you using the Giftonix App:

  • Giftonix will notify the recipient that they have received the gift from you;
  • The recipient will need to access the Giftonix application or website;
  • The recipient will then redeem the order with the vendor at the vendor’s location specified by you at the time of the purchase;

4.3 You are responsible for providing the recipient’s correct contact details and information.

4.4 Any gift shall need to be redeemed within 6 months of the date of purchase or such other date as may be specified by the vendor at the time of purchase.

5. Restrictions

5.1 You may not:

  • remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Giftonix;
  • decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
  • link to, mirror or frame any portion of the Services;
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
  • attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

6. Payment

6.1 Giftonix will facilitate your payment of the applicable Charges on behalf of the Vendor as that Vendor’s limited payment collection agent.

6.2 Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Vendor. Charges will be inclusive of applicable taxes where required by law.

6.3 Payments made by you are final and non-refundable, unless otherwise determined by Giftonix or required by the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (“NZ Consumer Law”).

6.4 Payment transactions will be handled by a Third Party payment processor of Giftonix’s choice. Giftonix will not hold or store any payment method information.

7. User Accounts

7.1 In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account.

7.2 Account registration requires you to submit to Giftonix certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Giftonix in writing, you may only possess one Account per email address.

7.3 By creating an Account, you agree that the Services may send you text (SMS) messages or emails as part of the normal business operation of your use of the Services.

8. Ownership

8.1 The Services and all rights therein are and shall remain Giftonix’s property. Neither these Terms nor your use of the Services convey or grant to you any rights:

  • in or related to the Services except for the limited license granted above; or
  • to use or reference in any manner Giftonix’s company names, logos, product and service names, trademarks or services marks.

9. Disputes and Refunds

9.1 Should the customer wish to raise a dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms:

9.1.1 The customer must notify Giftonix within 7 days of purchase; and

9.1.2 Supply Giftonix with full documentation or details in support of the disputed issue;

9.2 Any application for Refunds will be considered in accordance with the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Applicable Law

10.1 Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand and Australia.

11. Severability

11.1 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

12. Privacy and Use of Information

12.1 The customer authorises Giftonix to collect, retain and use any information about the customer which will enable to better provision of the services, such information shall include but not be limited to:

  • data provided by you, such as user profile details and demographic data;
  • date provided during the use of our services such as purchase history and transaction information, usage data and location data.

12.2 The customer authorises Giftonix to disclose any information obtained to the Giftonix vendors. However, such information shall not include contact information.

12.3 Where the customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993

13. Liability

13.1 Nothing in these terms excludes, limits, restricts, or is intended to prejudice from any conditions, warranties and limitations implied by law, however:

13.1.1 Where permitted by law to exclude such warranties, such exclusions shall apply; and

13.1.2 No guarantees, warranties, representations or agreements made on behalf of Giftonix shall be binding on it unless made in writing.

13.2 To the maximum extent permitted, Giftonix shall not be liable to the customer or any guarantor whether in contract, tort or otherwise for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Giftonix has been advised of the possibility of such damages

13.3 Where it is found that Giftonix is liable to the customer or guarantor, unless otherwise agreed in writing, the maximum cost of Giftonix’s liability, however arising, shall not exceed the lesser of:

13.3.1 The value of the goods or service which are the subject of the claim; or

13.3.2 Five hundred dollars ($500.00).