Giftbee Australia Pty Ltd - Terms of Use and Sale

1. These Terms

1. Giftbee Australia Pty Ltd (ACN 673 340 719) (Giftbee, we, us or our) owns and operates the Website and the content located at https://www.giftbee.com (Website).

2. Capitalised terms used in these terms and conditions (Terms) have the meaning given to those terms in clause 24 unless otherwise specified.  

3. These Terms govern the relationship between Giftbee and consumers (you or your) who:  
   1. receive a Gift and use your Giftbee Balance on the Website;
   2. use and navigate the Website; and
   3. create an account with us (Account).

4. By visiting and using the Website, transacting with us via the guest checkout or creating an Account (including by accessing any linked pages or information owned by Giftbee), you agree to be bound by and abide by these Terms and any other applicable terms and conditions that we will bring to your attention and which we require you to agree to. If you do not accept these Terms, or any other applicable terms and conditions, you must refrain from using the Website.

2. Using the Website

1. Any information, personal or otherwise, contributed to the Website is provided voluntarily by you. You may discontinue your use of, and your participation in, the Website at any time. You agree that:
   1. you must ensure that your access to the Website is not illegal or prohibited by laws which may apply to you; and
   2. you must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.

2. Giftbee is based in Australia and is subject to Australian laws. We do not warrant that your use of the Website is appropriate, available for use or lawful in countries outside Australia. You are solely responsible for compliance with all applicable laws, rules and regulations which apply to you in your jurisdiction in relation to your use of the Website.  

3. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Website. To the extent permitted by law, we do not accept responsibility or liability of any nature for any losses which you may sustain as a result of such activity.

4. Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the Website for your personal use unless such printing is expressly prohibited.  

5. You can accept a Gift received by you by:
   1. creating an Account pursuant to clause 3; or  
   2. using the guest checkout pursuant to clause 4.  

3. Creating an Account

1. Creation of an Account will automatically set up your Giftbee Vault.  

2. Your Giftbee Vault contains:  
   1. your Giftbee Balance;
   2. any Gift Cards you have purchased on the Website by the redemption of your Giftbee Balance and/or any other payment methods available on the Website in accordance with these Terms; and
   3. a history of any Products that you have purchased on the Marketplace by the redemption of your Giftbee Balance and/or any other payment methods available on the Website in accordance with these Terms.

3. Any Products purchased on the Marketplace are stored and managed in your Giftbee Vault.  

4. By creating an Account you acknowledge that you must live in Australia and have read, understood, and agree to be bound by the Terms. Users of the Website must be 13 years of age or older. If you are under the age of 13, then you are not permitted to register an Account with Giftbee. Persons between the ages of 13 and 18 may only use the Website with the supervision of a parent or legal guardian who creates an Account and agrees to be bound by these Terms.

5. Creating an Account is free.  

6. It is your responsibility to maintain the confidentiality of your Account and Giftbee Vault information, including your Account username and password. In addition, you are responsible for all activities and transactions that occur in connection with your Account and Giftbee Vault. We strongly recommend that you add a passcode to your mobile devices to avoid unauthorised access to your Account and Giftbee Vault. You must tell us immediately about anyone using your Account or Giftbee Vault without your consent, or any security breach that relates to your Account or Giftbee Vault.  

7. You agree to provide Giftbee with accurate, current and complete information about yourself as may be prompted by the Website as you use the Website and access your Account and Giftbee Vault. You further agree to promptly update any such information to keep it accurate, current and complete.  

8. You can view your Giftbee Balance and any Products you have purchased in your Giftbee Vault at any time via your Account.

9. Giftbee does not warrant the accuracy of the balance displayed for any Gift Cards in your Giftbee Vault as this is the responsibility of the applicable Participating Retailer.

10. If your Giftbee Balance in your Giftbee Vault is nil and you do not have any unspent Gifts in your Giftbee Vault, you may request a closure of your Account with Giftbee at any time by contacting Us. You cannot close your Account while your Giftbee Vault is in credit. If you close your Account while you have unredeemed Gift Cards in your Giftbee Vault you must ensure you keep a record of any unredeemed Gift Card details prior to the Account closure as that information will be deleted once your Account is closed.  If your Account is permanently terminated by us or if you close your Account, we will deal with your personal and sensitive information in accordance with our Privacy Policy.  

11. You may not transfer your Account or Giftbee Vault to any third party without our prior written consent.

4. Guest checkout

1. You may accept your Gift and redeem Gifts for Products on the Marketplace without creating an Account on the Website.  

2. If you accept a Gift or redeem a Gift for a Product on the Marketplace via the guest checkout, you must accept and/or redeem the full value of the Gift. You cannot accept and/or redeem a part of the value of the Gift.

3. By using guest checkout, you may not have access to all the functionality available on the Website.

4. If you redeem a Gift for a Gift Card via the guest checkout, the Gift Card will be emailed to the email address to which your Gift was sent. We do not maintain or store a copy of the Gift Card on your behalf when you redeem your Gift for a Gift Card via guest checkout.  

5. Gifts

1. A Gift may be used in any of the ways set out in clauses  6, 7, 8 and 9 of these Terms. You cannot use a Gift anywhere other than the Website.  

2. Gifts cannot be redeemed for cash.

3. Once a Gift has been redeemed for a Product or given to a third party, the transaction cannot be reversed.

4. There is no expiry date on Gifts, except that once a Gift has been redeemed for a Gift Card, the Gift Card will expire in accordance with the applicable Participating Retailer’s terms and conditions.

5. The maximum value of the Giftbee Balance that you maintain in your Giftbee Vault at any one time is AUD$500. Your Giftbee Vault will not allow you to receive or add Gifts to your Giftbee Vault in excess of this amount.

6. Once you have successfully accepted or given forward a Gift via the Website in accordance with these Terms, you acknowledge and agree that:
   1. your Giftbee Balance will be debited for an amount equal to the value of the Gift spent or given and that amount is no longer able to be used by you; and  
   2. the transaction cannot be reversed.

7. You can accept, swap or give forward a part of a Gift in accordance with these Terms.   

8. If you accept, swap or give forward part of a Gift, the remaining balance of that Gift remains in the Giftbee Balance in your Giftbee Vault.

6. Accept

1. Gifts may be accepted by redeeming the Gift for Products in the Marketplace by following the steps on the Website or otherwise on the terms set out in clause 9 of these Terms.

2. You cannot redeem Gifts directly with any Participating Retailer in store or on their website.

7. Swap

1. A Gift may be swapped for another Product of equivalent value in Australian dollars at any time prior to the redemption of that Gift for a Product or prior to the Gift being given forward to another person.

8. Give

1. Gifts may be given forward to another person via the Website. You can only give one Gift in a single transaction. When you give a Gift to another person via the Website, you are giving that person a Gift equal to the Australian dollar value of the Gift selected by you to be gifted.  

2. A recipient of a Gift may set up an Account with us on the terms set out in clause 3 to accept their Gift or use the guest checkout function as set out in clause 4.

3. If you give forward a Gift to another person via the Website, the recipient of this Gift will be notified of your name and any personal message you make to the recipient of the Gift.

4. Gifts may only be given to another person via the Website if you create an Account. You cannot give a Gift to another person where you access your Gift via guest checkout.

9. Accepting Gifts by redeeming them for Products on our Marketplace

1. You may redeem all or part of your Giftbee Balance for a Product in the Marketplace.  

2. All Products are displayed in Australian dollars on the Marketplace. When you redeem all or part of your Giftbee Balance by selecting and ordering a Product on the Marketplace, your Giftbee Balance will be debited an amount in Australian dollars equal to the displayed Product price on the Marketplace.

3. Orders from the Marketplace will be processed only after the Product price has been deducted from the Giftbee Balance.

4. Products and Partner Brands listed in our Marketplace on the Website are subject to change from time to time without notice at the discretion of Giftbee or the applicable Partner Brand.  

5. Giftbee is a reseller of all Products on the Marketplace.  

6. Products in the Marketplace are offered subject to availability.  Products are available at the time the information is displayed in the Product description; however some Products may become unavailable before an order can be filled.

7. Product descriptions are based on information provided by the applicable Partner Brand.  Giftbee will take reasonable steps to ensure the descriptions are accurate, however, to the maximum extent permitted by law, Giftbee does not accept any liability for the lack of completeness or correctness of such information.  

8. The displayed price of all Merchandise listed in the Marketplace will be in Australian dollars and will include applicable GST and a flat fee for delivery.  

9. You acknowledge and agree that the redemption of a Gift or your Giftbee Balance for a Partner Brand’s Product on our Marketplace may be subject to the applicable Partner Brand’s terms and conditions, which you must agree to as a condition of redemption, in addition to these Terms. You must review the participating Partner Brand’s terms and conditions carefully.

10. If any Product is listed with the incorrect:
    1. price; and/or
    2. quantity of included items;  

and Giftbee reasonably considers that the error should have been obvious to you acting reasonably, then Giftbee may cancel your order for that Product and refund the price to your Giftbee Balance.

11. Certain Products are subject to age related restrictions, and the product description of any such Products will display and/or state the applicable restriction.

12. All Gift Cards purchased on the Marketplace are activated at the time of purchase. Activated Gift Cards are generally available within an hour of redemption subject to the participating Partner Brand’s processing time. If your Gift Card has not appeared in your Giftbee Vault within 24 hours from redemption, please contact us.

13. The expiration date of Gift Cards purchased via the Website is as determined by the applicable participating Partner Brand.  

14. Other than in respect of our liability under the Australian Consumer Law, we exclude all liability where Gift Cards that are purchased via the Marketplace are lost, stolen, destroyed, or used without permission, except to the extent such loss is caused by our negligent act or omission. You are responsible for ensuring that third parties do not have access to your Giftbee Vault. If you believe your Giftbee Account or Vault has been accessed without your consent or compromised, you must inform us immediately.  

15. Once you have redeemed your Gift for a participating Partner Brand’s Gift Card, the applicable participating Partner Brand is solely responsible for, and you unconditionally and irrevocably release Giftbee from, all liabilities and costs suffered by you or any other party caused directly or indirectly in connection with the Gift Card including:
    1. your failure to redeem a Gift Card with a participating Partner Brand by the expiry date for the Gift Card; and
    2. where a participating Partner Brand discontinues or fails to honour or redeem its Gift Card for any reason, including due to the insolvency of the participating Partner Brand.

16. Once you have redeemed your Gift for a participating Partner Brand’s Gift Card, Gift Card related enquiries should first be directed to the applicable participating Partner Brand. If the Partner Brand cannot resolve your issue, please contact us at support@giftbee.com.

17. We reserve the right to impose quantity limits on any order of Product or reject all or any part of an order to redeem a Gift or Giftbee Balance for a Product in our Marketplace.  

18. Pricing listed in our Marketplace is subject to change without notice and the prices charged will be the price as shown at the time of your order.

19. The minimum face value of a Product sold via the Marketplace is AUD$5 including GST. The maximum face value of a Product sold via the Marketplace is AUD$500 including GST (subject to each participating Partner Brand’s requirements).  

20. The total amount for which you may redeem your Giftbee Balance for Products in a single day cannot exceed AUD$500 including GST.  

21. Gift Cards purchased on the Marketplace are available for use only within Australia.  

22. Giftbee and the relevant Partner Brand may refuse to provide any Product, terminate, remove or edit content (to ensure the currency of the product description) or cancel orders (or part thereof) for Products listed on the Marketplace at any time. Without limiting the operation of any other Terms herein, Giftbee and/or the Partner Brand will not be held liable for loss or damage arising from the exercise of these rights.

23. If Giftbee or the Partner Brand cancels an order (or part thereof) we will contact you and explain the reason for the cancellation.

24. If Giftbee or the Partner Brand cancels an order (or part thereof) then Giftbee or the Partner Brand may (at their discretion):
    1. offer you a substitute Product of equal value instead of providing a refund; or
    2. provide you with a full refund for the cancelled portion of that order.

10. Delivery of Merchandise

1. The estimated delivery time for Merchandise ordered on the Marketplace is between 3 – 5 business days from the date of the order.  

2. Delivery of all Merchandise purchased on the Marketplace will only be made to Australian addresses.

3. It is your responsibility to ensure that the correct delivery address is provided at the time of ordering. If the wrong address is provided, the applicable Partner Brand is not obliged to resend the order to the correct address at the Partner Brands’ expense, and Giftbee and the Partner Brand are not liable for any loss incurred due to incorrect delivery details being provided.  

While an order may be for multiple Products, each Product may be delivered separately by more than one Partner Brand (as specified when you order and in your order confirmation email) and be delivered on different dates.  

4. Without limiting the operation of any other terms, Giftbee and the Partner Brand are not responsible for any loss or damage caused by the late delivery of a purchase.  

11. Returns of Product

1. Subject to your rights under the Australian Consumer Law for a breach of a Consumer Guarantee, once you have successfully accepted a Gift or used your Giftbee Balance to purchase a participating Partner Brand’s Product, you acknowledge and agree that you cannot obtain a refund for the Product for a change of mind.

2. In accordance with the Australian Consumer Law, if there is a major failure with a Product, you may reject the item and seek a replacement or refund.  

3. If a product is faulty, significantly different from what was advertised, not doing what it is supposed to do, in breach of manufacturer's warranties or Consumer Guarantees, or where otherwise required by law then you should contact Giftbee as soon as possible to organise its inspection and any subsequent repair, replacement or refund, and in some cases compensation for loss and damage as deemed necessary by Giftbee and/or the Partner Brand. In some cases, you may be required to liaise directly with the Partner Brand to resolve the issue.

4. A Product will not be accepted for repair, replacement or refund unless first authorised by Giftbee. Giftbee will only authorise the remedy when it is obliged to do so under any rights you may have under law (including the Australia Consumer Law) or where we are satisfied that you are otherwise entitled to have the Product repaired, replaced or refunded. In this case:
   1. Giftbee will provide instructions regarding how and to where the Product is to be returned or collected;
   2.  the Product must be returned in the condition it was received by you with all original accessories, instruction manuals and, where possible, in the original packaging;  
   3. If Giftbee agrees to repair or replace the item, Giftbee will coordinate the repair or replacement (at no cost to you), or arrange a refund. Giftbee, or the relevant Partner Brand, may liaise directly with you to finalise any arrangements.

5. Some Partner Brands may set additional criteria that must comply with in order to process a return of that Partner Brand’s Product. The Partner Brand’s additional criteria will override these Terms to the extent of any inconsistency.  

6. If you are entitled to a refund, Giftbee will credit your Giftbee Balance for an amount equal to that which was redeemed for the Product.

12. Termination of access

1. Giftbee reserves the right to terminate your Account and Giftbee Vault and/or prevent you from accessing the Website or your Account, with or without cause, at any time and in its reasonable discretion in written notice to you. If your Giftbee Balance in your Giftbee Vault is in credit at the time, we will contact you prior to terminating your Account to make arrangements for the remittance of any balance to you.  

13. Fees and payments

1. There is no fee to maintain an Account or to accept, swap or give forward Gifts.  

14. Security of information

1. While we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Any information that you transmit to us through the Website is transmitted at your own risk.  

15. Your interactions with Giftbee

1. Giftbee may maintain social media pages (Pages).  

2. All content on Giftbee’s Pages are subject to the individual terms of use as prescribed by each social media channel (together, the Provider Terms of Use) as well as these Terms. All users and visitors to the Giftbee Pages must comply with the Provider Terms of Use and these Terms.

3. We encourage you to post comments, photos and videos, to express your opinions and to have open discussions on our Website and Pages, but we do ask that you act respectfully and responsibly. Giftbee reserves the right to remove any posts on the Pages that are (determined in the sole discretion of Giftbee) offensive, inappropriate, contain external links or in breach of these Terms.  

4. Giftbee does not agree with or endorse, nor are we responsible for any comments, information, opinions, images or other content posted by individual users on our Website or Pages. Any material posted to the Website or Pages does not represent the opinions or views of Giftbee, its employees or affiliates, or related parties. Giftbee does not accept any responsibility or liability (either directly or indirectly) for any loss or damage arising in connection with the use of (or reliance on) any information, links or other content posted on any of the Website or Pages by individuals, other than to the extent required under law.  

5. In using the Website or Pages you must not:  
   1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
   2. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, false, inaccurate, misleading or unlawful material or information;
   3. post any unsolicited or unauthorized advertising,
   4. publish, post, distribute or disseminate content that personally identifies a person or group of people, or content that discloses any personal or financial information;
   5. provide medical or health advice, diagnosis or treatment;
   6. upload or attach files that contain software or other material which contains intellectual property rights that are owned by third parties unless you have received all necessary consents to use such intellectual property rights;
   7. upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's information technology systems;
   8. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
   9. falsify the origin or source of software or other material contained in a file that is uploaded.

6. Giftbee is happy for you to share and comment on our content published on the Pages provided that you do not alter such content and that you cite us as the source of that content. The intellectual property rights comprising the design of Pages and the content that we post is owned or used under licence by Giftbee.

7. You own all content you post, store or upload onto the Website and Pages. You grant Giftbee and our affiliates a perpetual, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any manner or media, on or off the Pages or the Website. You represent and warrant that:
   1. you own and control all of the rights to the content that you post, store or upload on the Website and Pages or that you have the right to make available such content via the Website and Pages;
   2. all content posted, stored or uploaded onto the Website and Pages by you is accurate and not misleading; or
   3. Giftbee’s use of your content under the terms of the licence granted under clause 15.7 will not breach the intellectual property rights of any third party.

16. Liability and warranties

1. Our goods (including the Products) and services come with Consumer Guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

2. Subject to clause 16.1 and to the extent permitted by law in any applicable jurisdiction (including the Australian Cosnumer Law), Giftbee expressly disclaims any and all guarantees, conditions, warranties and liabilities (including for consequential damages) with respect to type, quality, standard, fitness or suitability for any purpose of any Product obtained from Giftbee.

3. To the extent permitted by law and subject at all times to your rights under law in any applicable jurisdiction (including the Australian Consumer Law), we exclude all liability to you in respect of any loss or damage howsoever caused which may be suffered or incurred by you and which may arise directly or indirectly in respect of:
   1. your use of the Website or any linked website;  
   2. Gifts, or other Products made available for sale at the Website by participating Partner Brands;
   3. any content published on the Website;  
   4. your reliance on any content published on the Website;
   5. any failure or omission on our part to comply with our obligations under these Terms; and
   6. any negligent act or omission by us in the provision of the Website or any Website feature or any other services to you,

except to the extent that any loss or damage is caused by our negligence, wilful misconduct or breach of these Terms.

4. To the extent permitted by law and subject at all times to your rights under the Australian Consumer Law, Giftbee expressly excludes all liability to you for special, indirect or consequential loss or damage, including without limitation, loss of opportunity, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, howsoever caused.  

5. To the extent permitted by law and subject at all times to your rights under the Australian Consumer Law, we make no representation or warranty in relation to:
   1. the operation or functionality of the Website or your Account or the Giftbee Vault;  
   2. any information published on the Website;
   3. the accuracy of any description of a Product, including pricing or warranty information that is displayed on the Website;
   4. the accuracy, suitability or appropriateness of information published on the Website; or
   5. the suitability of the Gifts or the participating Partner Brand’s Products for your individual circumstances.  

6. To the extent that the Consumer Guarantees under the Australian Consumer Law are not capable of being excluded or modified, our total liability, including that of our employees, servants, agents and related entities (as that term is defined in the Corporations Act 2001 (Cth)) for breach of the Consumer Guarantees is limited to one or the other of the following, at our option:
   1. if the breach relates to goods:
      1. the replacement of the goods supplied or the supply of equivalent goods; or
      2. the payment of the cost of replacing the goods or of acquiring equivalent goods,
   2. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

7. You warrant in favour of Giftbee that:  

1. your use of the Website will be in accordance with these Terms;

2. you are responsible (financially and otherwise) for your use of the Website and Account, including the Gifts in your Giftbee Vault, and all transactions conducted in your Account;

3. the information you provide to us when establishing your Account, and when using the Website is accurate and complete;

4. any information posted by you on the Website or Pages, including reviews or comments in relation to Giftbee, will not:
   1. be harassing, threatening, illegal, defamatory or abusive to us or to others; or
   2. contain viruses, worms, corrupted files, or any other similar software, programs or malicious content that may damage the operation of systems hosting the Website or damage any other Website user’s computer; or
   3. breach the intellectual property rights of any third party.  

17. Intellectual property

1. Unless otherwise specified, all intellectual property rights, including copyright, in the content of the Website (including text, graphics, logos, icons, sound recordings and software associated or used in connection with the Website) and Gifts are owned or used under licence by Giftbee.  

2. Giftbee grants you a limited, non-exclusive licence to access and use the Website and Gifts and any content made available by Giftbee (Content) solely for the purpose of purchasing, receiving, sending or managing Gifts and managing your Account.  

3. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you may not in any form or by any means:
   1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or the Website features;  
   2. sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Content;
   3. commercialise any Content, without our written permission;
   4. use the Content other than for their intended purposes or contrary to law.
   5. remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Content;

4. “Giftbee” and the bee logo are Giftbee’s intellectual property and may not be reproduced or used, whether in whole or part, without the prior written consent of Giftbee.

5. All other trademarks and names referred to on the Website, including in relation to participating Partner Brands, and Products made available by participating Partner Brands, are the property of their respective owners and cannot be used without the permission of the relevant owner.

6. If you believe that any content on the Website infringes your copyright, you should contact us in accordance with clause 23 of these Terms with the particulars of the alleged infringement, including the work you believe has been infringed, how and where the alleged infringement has taken place and your contact details.  

18. Linked websites

1. The Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not be accurate, current or maintained.

2. We are not responsible for the content or privacy practices associated with linked websites.

3. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any content, information, graphics, materials or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.  

19. Privacy

Giftbee considers your privacy to be of the utmost importance. Our Privacy Policy and Collection Notice informs you of how we manage your personal information and maintain its integrity and security. 'Personal information' generally means any kind of information in any form about a person that identifies that person and includes sensitive information. We undertake to comply with the terms of our Privacy Policy in respect of any information you provide to us through the Website and in creating an Account and using and accessing your Giftbee Vault, including your personal information. Our Privacy Policy and Collection Notice can be accessed here: https://www.giftbee.com/privacy-policy-and-collection-notice

20. Cookies

Giftbee may utilise cookies which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Website. A cookie is a small file saved on your computer’s hard drive which does not identify you personally, but it does identify your computer. You can set your browser to notify you when you receive a cookie, and this will provide you with an opportunity to either accept or reject it in each instance. This may prevent you from taking full advantage of the Website.

21. Governing law

These Terms are governed by and construed in accordance with Australian state and federal laws without regard to conflict of laws principles. By visiting and using this Website and creating an Account and Giftbee Vault you irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia (including the Federal Courts) and the courts that hear appeals from those Courts (to the exclusion of the courts or tribunals of any other jurisdiction) in connection with any dispute or claim arising from these Terms, the Website or the Gifts.

22. General

1. We can vary or replace these Terms provided that the changes do not materially reduce or limit your rights under these Terms. We may change these Terms in a way that materially reduces or limits your rights under these Terms only if we are required to do so by law, where such changes are imposed on us by third party suppliers or where the change is required to protect our legitimate commercial interests. Any changes to the Terms will be notified at the Website. If we make changes to these Terms in a way that materially reduces or limits your rights under these Terms, we will endeavour to give you 30 days’ notice by publishing the revised Terms at the Website.  

2. If any provision of these Terms is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and all other provisions shall remain in full force and effect.

3. Giftbee may assign its rights and obligations under these Terms to any party at any time without notice to you.  

4. No waiver by us of any breach of these Terms operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by us, our related entities, employees or agents (which but for this clause ought or might amount to a waiver of our rights in respect of any such breach or default) does not operate as a waiver in any way of our rights and powers in respect of such breach or default.

5. We are not liable for any delay or failure to perform our obligations under these Terms if such delay or failure is due to circumstances beyond our reasonable control which results in us being unable to observe or perform on time an obligation under these Terms, including, without limitation, acts of God, acts of government or acts of third parties (including war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, Internet failure, equipment failure or strike or lockout).

6. These Terms and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between Giftbee and you and supersede any prior arrangement, understanding or representation between us.  

23. Communications, complaints and notices

1. To contact us, give us feedback, make a complaint or give notices to Giftbee you can contact us by email at support@giftbee.com.

2. We will endeavor to respond to your communications and complaints to us by email within 3 business days of receipt of your communication or complaint.  

3. Giftbee will deliver a notice to you under these Terms by email to the email address you provide to us when you open your Account.

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Definitions

Consumer Guarantee means the consumer guarantees in Part 3-2, Division 1 to the Australian Consumer Law.

Gifts means:

1. a stored value token; or

2. a stored value digital representation of a Product

each with a face value in Australian dollars which may be accepted, swapped or given to another person in accordance with these Terms and which are stored in your Giftbee Vault.

Giftbee Balance means the total face value of all Gifts in your Giftbee Vault in Australian dollars from time to time that you have received which is able to be accepted, swapped or given to another person in accordance with these Terms..

Giftbee Vault means the location on the Website at which an Account holder will be able to view and manage their Giftbee Balance and other associated Account details.  

Gift Card means a digital Gift Card issued by a Partner Brand with a stored face value entitling the holder to redeem that stored face value for goods and/or services on the terms and conditions set by that Partner Brand.

Partner Brand means a retailer or other service provider whose Products can be acquired through the redemption of Gifts via the Marketplace.

Products means:

(a) an item of Merchandise;

(b) a Gift Card; or

(c) any other item available on the Marketplace from time to time.

capable of being purchased via the redemption of a Gift on the Marketplace.  

Marketplace means the online catalogue of Products available on the Website for which Gifts may be redeemed.

Merchandise means merchandise made available by Giftbee in the catalogue on the Marketplace.