Terms of service
OVERVIEW
Welcome to Giftsec! The terms “we”, “us” and “our” refer to Giftsec. Giftsec operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Giftsec is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Giftsec reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Giftsec confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Giftsec may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Giftsec, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Giftsec, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Giftsec.
Giftsec’s names, logos, product and service names, designs, and slogans are trademarks of Giftsec or its affiliates or licensors. You must not use such trademarks without the prior written permission of Giftsec. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Giftsec is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Giftsec. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Giftsec, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Giftsec.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Giftsec, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Giftsec, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Giftsec, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Giftsec, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Giftsec is headquartered. You and Giftsec consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@giftsec.com.au.
Our contact information is posted below:
[INSERT TRADING NAME]
info@giftsec.com.au
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] TERMS AND CONDITIONS
1. GiftSec – the basics
(a) GiftSec and its related bodies corporate. This document explains how the agreement is made up, and sets out the terms of our agreement with you.
(b) GiftSec operates an online goods delivery business delivering food and groceries straight to residences.
(c) Your use and/or purchase of GiftSec’s products (“goods”), services and websites (including affiliated websites and pages, and including but not limited to the website at www.giftsec.com.au (referred to collectively, including where goods are supplied, as
the “Services” in this document) is subject to the terms of a legal agreement between you and GiftSec.
(d) Unless otherwise agreed in writing with GiftSec, your agreement with GiftSec will always include the terms and conditions set out in this document (“Main Terms”).
(e) Your agreement with GiftSec will also include the terms of any additional notices we send you or post on any website owned or operated by GiftSec applicable to the Services, in addition to the Main Terms (“Additional Terms”). Where Additional
Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
(f) The Main Terms, together with the Additional Terms and the GiftSec Privacy Policy, form a legally binding agreement between you and GiftSec in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively,
this agreement (embodying all of these terms) is referred to below as the “Terms”.
(g) If there is any contradiction between what the Additional Terms say and what the Main Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
(a) In order to use the Services (including purchasing any goods), you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
(b) You can accept the Terms by:
(i) clicking to accept or agree to the Terms, where this option is made available to you by GiftSec in the user interface for any Service (whether through a web browser, mobile app or otherwise); or
(ii) by actually using the Services. In this case, you understand and agree that GiftSec will treat your use of the Services as acceptance of the Terms from that point onwards.
(c) You may not use the Services or buy the Goods and may not accept the Terms if you are not of legal age or capacity to form a binding contract with GiftSec, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Provision of the Services by GiftSec
(a) GiftSec will use all reasonable endeavours to provide the Services and supply the Goods to you as represented on the GiftSec website, or any instructional or promotional material provided by or on behalf of GiftSec.
(b) You acknowledge and agree that the form and nature of the Services or Goods which GiftSec provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.
(c) You acknowledge and agree that GiftSec may refuse to allow you to access the Services or buy the Goods at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GiftSec’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GiftSec when you stop using the Services. GiftSec is not required to act in good faith or reasonably.
(d) You acknowledge and agree that if GiftSec disables access to the website or any Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.
4. Supply of GiftSec Services
What is GiftSec?
(a) GiftSec is an online food delivery business.
(b) In providing the Services, GiftSec utilises and in all instances (except where otherwise expressly identified) provides access to third party products and services (including food products and access to third party websites). In this instance, GiftSec acts merely as an intermediary to facilitate your access to products and services of those third parties, and GiftSec:
(i) relies on representations made by those third parties and other suppliers, and will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing any supplying the Services, to the extent allowed by law;
(ii) does not warrant the accuracy or functionality of any such third-party product or service and will not be liable for any fault or misdescription;
(iii) does not make any other warranty regarding the third party service or product, and you agree to rely on your own investigations and will indemnify GiftSec against all claims and loss in connection with your use of any third party service; and
(iv) does not warrant that any such product or service will be virus free, or free from any other error or defect, and will not be liable for any damage suffered as a result to the extent allowed by law.
(c) By purchasing any third party product or service using the Services, you acknowledge that GiftSec is in no way liable to you in respect of any such product or service and that any claim is against that third party. You hereby release GiftSec from all claims in connection with any loss or damage you suffer based on your purchase or use of such products or services, to the fullest extent permitted by law.
Payment of fees
(d) You agree to pay all fees charged based on GiftSec’s pricing, charges, and billing terms notified to you. For the avoidance of doubt, this may include any charges contained on our website.
Delivery of Goods
(e) GiftSec will deliver Goods ordered in accordance with delivery terms set out on our website or other material provided to you.
(f) We will not be responsible for any goods lost or damaged at the point of or after delivery. Risk in the Goods will pass to you immediately upon delivery.
(g) In the event that your delivery address is unattended, we will attempt to call you on your nominated phone number twice. After that, unless instructed otherwise, we will leave the Goods at the address provided for delivery. We will not be responsible for any Goods lost, damaged or stolen from that point onwards, and you release us from any claim in relation to Goods that are damaged, lost or stolen once left at your nominated address.
GENERAL
(h) Information provided by you will be relied upon for the purposes of delivery of the Services. We will not be liable to you for incorrect information provided by you.
(i) GiftSec attempts to be as accurate as possible. However, GiftSec does not warrant that the Goods and Services supplied by GiftSec are accurate, complete, reliable, current or error-free. If a Good or Service offered by GiftSec is not as described, our liability to you shall be limited an GiftSec Gift Card for that Good or Service or provision of the Service again, alone.
(j) You expressly acknowledge that all Services supplied to you from GiftSec:
(i) are priced in Australian Dollars; and
(ii) will be charged, unless expressly stated otherwise, as exclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account and that you will make no objection or claim in relation to any of these matters unless such restriction is prohibited by law.
5. Your Use of the Services
(a) In order to access certain Services, you will be required to provide information about yourself (identification, payment and contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GiftSec will always be accurate, correct and up to date, and will be provided in accordance with the GiftSec Privacy Policy and other applicable privacy policies.
(b) GiftSec will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. GiftSec will not be liable to you in any respect or for any amount for any loss suffered by you) if you have not provided accurate information.
(c) Any data you provide to GiftSec will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.
(d) You agree to use the Services only for purposes that are agreed at the time of using the Services (including in relation to any Content), and that are permitted by these
Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(e) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GiftSec, unless you have been specifically allowed to do so in a separate agreement with GiftSec. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services, and you agree not to access the content directly from Contributors without the direct written agreement of GiftSec.
(f) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
(g) Unless you have been specifically permitted to do so in a separate agreement with GiftSec, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must keep all aspects of the Services, including any source code, completely confidential and will not provide any such information to any other party. You will indemnify and hold harmless GiftSec for any loss it suffers if you breach this obligation.
(h) Unless you have been specifically permitted to do so in a separate agreement with GiftSec, you agree that you will not alter, modify, remove or otherwise obscure any content that you access by using the Services.
(i) You agree that you are solely responsible for (and that GiftSec has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GiftSec may suffer) of any such breach. You agree to indemnify GiftSec for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damages).
6. Your account security and data security
(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
(b) Accordingly, you agree that you will be solely responsible to GiftSec for all activities that occur under your account, and GiftSec will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.
(c) You may not transfer your account to any other person, unless specifically agreed in writing by GiftSec.
(d) We will supply you with a generic password upon registration, however you must change your password prior to your first use of the Services.
(e) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify GiftSec immediately using the contact details at www.giftsec.com.au.
(f) We will take all reasonable steps to ensure the security of any data you provide to us. We will also use reasonable endeavours to ensure that any company to which we outsource or allocate the provision of Services will comply with our Privacy Policy and Australian law. So long as we take reasonable steps to do so, we shall not be liable to you for any unauthorised disclosure of any information unless we have not notified you as required by our Privacy Policy or by law.
7. Privacy and personal information
(a) For information about GiftSec’s data protection practices, please read GiftSec’s Privacy Policy. This policy explains how GiftSec treats your personal information, and protects your privacy, when you use the Services.
(b) You agree to the use of your data in accordance with GiftSec’s Privacy Policy.
8. Proprietary rights
(a) GiftSec has the right to use the “GiftSec” and “GiftSec intellectual property.
(b) You acknowledge and agree that GiftSec (or GiftSec’s licensors) own all legal right, title and interest in and to the Goods and Services, including any intellectual property rights which subsist in the Goods and Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GiftSec and that you shall not disclose such information without GiftSec’s prior written consent.
(c) You acknowledge that you have no ownership in the intellectual property comprised in the Goods and Services.
(d) Unless you have agreed otherwise in writing with GiftSec, nothing in the Terms gives you a right to use any of GiftSec’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by GiftSec).
(e) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Goods or Services.
(f) Unless you have been expressly authorised to do so in writing by GiftSec, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree to wholly indemnify GiftSec for any loss or damage suffered by GiftSec by reason of any breach by you of this Clause.
9. Indemnity
(a) To the fullest extent permitted by law, you agree to fully and promptly indemnify GiftSec against any loss (either direct or indirect) damage or expense whatsoever which GiftSec may suffer or incur in respect of:
(1) Any breach by you of the provisions of the Terms;
(2) Any claim in connection with your use of the Goods or the Services by any person;
(3) Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Goods or Services; and/or
(4) Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Goods or Services by GiftSec.
(b) You irrevocably release GiftSec and waive all claims which you may have in the future against GiftSec, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by GiftSec.
10. Terminating the agreement
(a) The Terms will continue to apply until terminated by either you or GiftSec as set out below.
(b) Subject to the balance of this clause, if you want to terminate your legal agreement with GiftSec, you may do so by:
(i) notifying GiftSec at any time using the contact page on our website; and
(ii) closing your accounts for all of the Services which you use, where GiftSec has made this option available to you.
(c) All Goods and Services are non-refundable unless in accordance with these terms or where required by law or otherwise identified in any refund policy published by GiftSec in existence from time to time.
(d) GiftSec may at any time, terminate its legal agreement with you if:
(i) you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
(ii) GiftSec is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(iii) any third party regarding whom GiftSec offered the Services to you has terminated its relationship with GiftSec or ceased to offer the Services to GiftSec or you; or
(iv) you have not made payment as required for the Services;
(v) GiftSec is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(vi) the provision of the Services to you by GiftSec is, in GiftSec’s opinion, no longer commercially viable; or
(vii) for any other reason GiftSec in its reasonable discretion thinks fit.
(e) Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Goods or the Services, unless otherwise agreed in writing with GiftSec.
(f) Nothing in this Section shall affect GiftSec’s rights regarding provision of Services under the Terms.
(g) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GiftSec have benefited from (including any moneys owed for Services provided to you), been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
11. Exclusion of liability
(a) Nothing in these terms, shall exclude or limit GiftSec’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law or otherwise
contained in any warranty identified in any additional terms. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
(b) You expressly understand and agree that your use of the services is at your sole risk and that the goods and services are provided "as is" and “as available.”
(c) In particular, GiftSec do not represent or warrant to you that:
(i) Your use of the services will meet your requirements,
(ii) All goods and services are in stock and available for purchase;
(iii) Any of the information or content you access using the services is accurate, reliable, or that any particular result or effect will be achieved by using the services or any of the content accessed or downloaded using the services,
(iv) Your use of the services will be uninterrupted, timely, secure or free from error or viruses,
(v) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
(vi) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
(d) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
(e) No advice or information, whether oral or written, obtained by you from GiftSec or through or from the services shall create any warranty not expressly stated in the terms.
(f) GiftSec further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of liability
(a) You expressly understand and agree that GiftSec, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(i) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(ii) Any loss or damage which may be incurred by you., including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services.
(iii) Any changes which GiftSec may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iv) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(v) Your failure to provide GiftSec with accurate account information;
(vi) Your failure to keep your password or account details secure and confidential;
(b) The limitations on GiftSec’s liability to you above shall apply whether or not GiftSec has been advised of or should have been aware of the possibility of any such losses arising.
(c) We shall not be liable to you for any delay or failure to perform or provide the services by reason of any circumstances beyond our reasonable control.
(d) To the extent permitted by law, in the event that GiftSec is found to be liable to you, our liability shall be limited to an GiftSec Gift Card of amounts paid by you to GiftSec, a replacement of the goods or services supplied, or reperformance of the services supplied.
13. Advertisements
(a) Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
(b) The manner, mode and extent of advertising by GiftSec on the Services are subject to change without specific notice to you.
(c) In consideration for GiftSec granting you access to and use of the Services, you agree that GiftSec may place such advertising on the Services.
(d) Without limiting the effect of the above, GiftSec accepts no responsibility and will not be liable to you for any loss suffered by reason of the existence any advertising on the Services.
14. Other content
(a) The Services may include hyperlinks to other web sites or content or resources. GiftSec may have no control over any web sites or resources which are provided by companies or persons other than GiftSec.
(b) You acknowledge and agree that GiftSec is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
(c) You acknowledge and agree that GiftSec is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15. Changes to the Terms
(a) GiftSec may make changes to the Terms from time to time. When these changes are made, GiftSec will make a new copy of the Terms available on any platform through which the Services are accessed. GiftSec shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time.
(b) You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, GiftSec will treat your use as acceptance of the updated Terms.
16. General
(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
(b) The Terms constitute the whole legal agreement between you and GiftSec and govern your use of the Services (but excluding any services which GiftSec may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and GiftSec in relation to the Services.
(c) You agree that GiftSec may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
(d) You agree that if GiftSec does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GiftSec has the benefit of under any applicable law), this will not be taken to be a waiver of GiftSec’s rights and that those rights or remedies will still be available to GiftSec.
(e) If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
(f) No agency or partnership shall be construed to have been created by virtue of this agreement.
(g) You acknowledge and agree that each member of any company or entity to which GiftSec is directly affiliated (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
(h) The Terms, and your relationship with GiftSec under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable). You and GiftSec agree to submit to the non-exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GiftSec shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief, interlocutory or final) in any jurisdiction.
(h) You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. GiftSec shall not be liable for any breach of this warranty.
Click & Collect
If you do not collect your order on the date nominated by you at the time of checkout, we will endeavour to contact you using the details you provided at checkout, or you may contact us to arrange for collection at a different time. If a new date has been agreed on for collection, there will be no replacement of perishable stock items in your order to compensate for potential spoilage of the perishable goods packed for dispatch as per your originally nominated date of collection.
Orders which are not collected on the date of the nominated collection window (including revised date windows nominated by you), will be considered cancelled by you and no longer available for collection after the expiry of that date. You will not be entitled to a refund or credit for such orders nor entitled to a replacement order on a different date.
If you cancel your GiftSec Order on the day of delivery or collection, you may have to pay a cancellation fee of no more than $25 plus the charges of any perishable Products. Before GiftSec processes any such fees or charges GiftSec will provide notice to you of the additional fees or charges payable and make contact you via the details provided at the time of checkout.
No changes can be made to the order at pick up point and no resolutions, refunds or exchanges will be available at the time of collection.
MOBILE TERMS OF SERVICE
GiftSec
Last updated: April 13, 2022
The GiftSec mobile message service (the "Service") is operated by GiftSec (“GiftSec”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to GiftSec’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of GiftSec through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with GiftSec. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18559144408 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other GiftSec mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18559144408 or email info@giftsec.com.au
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.