T&C

Giftbee Australia Pty Ltd - Terms of use and sale

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. Through our Website, we supply:
  1. stored value Giftbee-branded open tokens (Giftbee Token); and
  2. stored value Gift Tokens which are branded with a participating partner brand (Gift Token) and which may be redeemed for non-reloadable digital gift cards issued by a participating partner brands (Gift Card),
    (Tokens).
3. Tokens may be spent, swapped or gifted in accordance with clauses 5 - 7 of these Terms:
4. These terms and conditions (Terms) govern the relationship between Giftbee and consumers (you or your) who:
  1. receive and use Tokens on the Website;
  2. use and navigate the Website; and
  3. create an account with us (Account).
5. By visiting and using the Website and 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.

Using the Website
1. Your use of the Website is voluntary and 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.

Creating an Account
1. To receive or use a Token, you must set up an Account with us. Creation of an Account will automatically set up a Giftbee wallet (Giftbee Wallet)
2. Your Giftbee Wallet contains:
  1. your Giftbee Token balance, which is a fluctuating balance which represents the amount able to be swapped, spent or gifted on the Website in accordance with these Terms;
  2. your Gift Tokens, each with a face value attributed to the participating partner brand which appears on that Gift Token and which may be swapped, spent or gifted on the Website in accordance with these Terms; and
  3. any Gift Cards you have purchased on the Website by the redemption of a Gift Token in accordance with these Terms.
3. Tokens and Gift Cards are stored and managed in your Giftbee Wallet.
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 for 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 Wallet 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 Wallet. We strongly recommend that you add a passcode to your mobile devices to avoid unauthorised access to your Account and Giftbee Wallet. You must tell us immediately about anyone using your Account or Giftbee Wallet without your consent, or any security breach that relates to your Account or Giftbee Wallet.
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 Wallet. You further agree to promptly update any such information to keep it accurate, current and complete.
8. You can view your Giftbee Wallet balance and manage any Gift Cards in your Giftbee Wallet at any time via your Account.
9. Giftbee does not warrant the accuracy of the balance of the Gift Cards in your wallet as this is the responsibility of the applicable participating partner brand.
10. If your Token balance in your Giftbee Wallet is nil and you do not have any unredeemed Gift Cards in your Giftbee Wallet, you may close your Account with Giftbee at any time by following the instructions on the Website. You cannot close your Account while your Giftbee Wallet is in credit. If you close your Account while you have unredeemed Gift Cards in your Giftbee Wallet 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.
11. 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.
12. You may not transfer your Account or Giftbee Wallet to any third party without our prior written consent.

Tokens
1. A Token may be used in any of the ways set out in clauses 5 - 7 of these Terms. You cannot spend or redeem a Token anywhere other than the Website.
2. Tokens cannot be redeemed for cash.
3. Once a Token has been redeemed for a Gift Card or gifted to a third party, the transaction cannot be reversed.
4. There is no expiry date on Tokens, except that once a Token has been redeemed for a Gift Card, the Gift Card will expire in accordance with the applicable participating partner brand’s terms and conditions.
5. The maximum value of Tokens (both your Giftbee Token and the combined value of your Gift Tokens) you may hold in your Giftbee Wallet at any one time is AUD$500. Your Giftbee Wallet will not allow you to add Tokens or Gift Cards to your Giftbee Wallet in excess of this amount.
6. Once you have successfully spent or gifted a Token via the Website in accordance with these Terms, you acknowledge and agree that:
  1. your Giftbee Wallet and Token will be debited for an amount equal to the value spent or gifted and that amount is no longer able to be used by you; and
  2. the transaction cannot be reversed.
7. You can:
  1. spend, swap or gift between two and five Tokens in a single transaction; and
  2. partially spend, swap or gift a Token,
    in accordance with these terms
8. If you swap, spend or gift part of a Gift Token, the remaining balance of that Gift Token will be added to the Giftbee Token balance in your Giftbee Wallet.

Spend
1. Some or all of the value from a Giftbee Token must be swapped for a participating partner brand Gift Token pursuant to clause 5.2 before it can be spent on the Website.
2. Gift Tokens may be redeemed for Gift Cards issued by the participating partner brand which appears on that Gift Token by following the steps on the Website or otherwise on the terms set out in clause 8 of these Terms.
3. You can only redeem or spend Tokens on the Website.
4. You cannot redeem or spend Gift Tokens directly with any participating partner brands in store or on their website.
5. You can add the balance of between one and five Gift Tokens to your Giftbee Token balance at any time as provided in clause 6.2 and then swap all or part of the Giftbee Token balance for a higher value Gift Token in accordance with these Terms.

Swap
1. Some or all of the value of your Giftbee Token can be swapped for a Gift Token of a participating partner brand of the same value at any time and on an unlimited number of occasions before the Token is redeemed.
2. You can add the balance of between one and five Gift Tokens to your Giftbee Token balance at any time, before either:
  1. swapping some or all of the value of your Giftbee Token for a Gift Token in accordance with clause 6.1; or
  2. gifting a Token in accordance with clause 7 of these Terms.
3. Once a Gift Token has been redeemed for a participating partner brand’s Gift Card, it is no longer able to be swapped.

Gift
1. Tokens may be gifted to another person via the Website. You can only gift one Giftbee Token or one Gift Token in a single transaction; you cannot gift a combination of Giftbee Token and Gift Token in a single transaction.
2. A recipient of a gifted Token must set up an Account with us on the terms set out in clause 3 to use their Token.
3. If you gift a Token to another party, the recipient of a gifted Token will be notified of your name and any personal message you give on receipt of the Token.

Spending Tokens with participating partner brands
1. Participating partner brands are listed on the Website and are subject to change from to time.
2. Giftbee is a reseller of the participating partner brands’ Gift Cards.
3. You acknowledge and agree that the redemption of a Gift Token for a Gift Card issued by the participating partner brand which appears on that Gift Token is on the applicable participating 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.
4. Once you have successfully redeemed a Gift Token for a participating partner brand’s Gift Card, you acknowledge and agree that you cannot obtain a refund for the participating partner brand’s Gift Card, unless the Gift Card is defective, permitted by the participating partner brand’s terms and conditions or as otherwise required by law.
5. All Gift Cards purchased on the Website with a Gift Token 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 Wallet within 24 hours from redemption, please contact us.
6. The expiration date of Gift Cards purchased via the Website is as determined by the applicable participating partner brand.
7. We exclude all liability where Gift Cards that are purchased via the Website 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 Wallet. If you believe your Giftbee Account or Wallet has been accessed without your consent or compromised, you must inform us immediately.
8. Once you have redeemed your Gift Token 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;
  2. claims by you in relation to the Gift Card, including but not limited to claims for breach of the consumer guarantees in the Australian Consumer Law; and
  3. 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.
9. Gift Card related enquiries must be directed to the applicable participating partner brand.
10. We make no warranty or representation that a participating partner brand’s Gift Card will remain available for purchase on the Website.
11. We reserve the right to impose quantity limits on any order or reject all or any part of an order to redeem a Gift Token for a participating partner brand’s Gift Card at any time.
12. Participating partner brand Gift Card face values are subject to change without notice and the prices charged will be the price as shown at the time of your order.
13. Gift Tokens and Gift Cards issued by participating partner brands are not redeemable for cash.
14. The minimum face value of a participating partner brand’s Gift Card sold via the Website is $5. The maximum price of a Giftbee Retailer’s Gift Card sold via the Website is $500 (subject to each participating partner brand).
15. The total amount that you may redeem your Gift Token for in a single day cannot exceed $500.
16. Gift Cards purchased through the Website are available for use only within Australia.
17. When you have redeemed your Gift Card, or the balance is very low, you have the option to delete this card. We will not be able to reinstate any deleted Gift Cards after you have deleted the Gift Cards from your Gift Wallet.
18. If you hold a Gift Token in your Giftbee Wallet that is branded with a participating partner brand and that participating partner brand is removed from our Website, you can:
  1. swap your Gift Token for a Gift Token branded with another participating partner brand of the same value; or
  2. add the balance of the Gift Token to your Giftbee Token balance.

Termination of access
1. Giftbee reserves the right to terminate your Account and Giftbee Wallet 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 Token balance in your Giftbee Wallet 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.

Fees and payments
1. There is no fee to maintain an Account or to spend, swap or gift Tokens.

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.

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 12.7 will not breach the intellectual property rights of any third party.

Liability and warranties
1. Our goods and services come with 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. Giftbee is a platform that provides its users with access to Tokens as well as Gift Cards offered for sale by participating partner brands on the Website. For the avoidance of doubt, our goods and services comprise the stored value of the Token. Subject to clause 13.1 of these Terms, we have no liability to you for goods and services that you purchase using the Tokens, including Gift Cards issued by participating partner brands. Claims relating to Gift Cards you purchase from participating partner brands using Tokens must be directed towards the relevant participating partner brand in accordance with that party’s terms and conditions.
3. To the extent permitted by law and subject at all times to your rights under 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. Tokens and Gift Cards 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, willful misconduct or breach of these Terms.
4. 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 Wallet;
  2. any information published on the Website;
  3. the accuracy of any description of a Gift Card, or participating partner brand, including participating partner brand 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 Tokens or the participating partner brand’s Gift Cards 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 Tokens in your Giftbee Wallet, 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.

Indemnity
1. You release, indemnify and will keep indemnified Giftbee and each of our employees, agents, contractors, servants and agents and related entities against all actions, claims, penalties and demands (including the cost of defending or settling any actions, claims, penalties and demands) which we may incur or which may be instituted against us arising out of:
  1. a breach of these Terms by you;
  2. a breach of warranty contained in clause 13.7;
  3. any wilful, unlawful or negligent act or omission by you; or
  4. your use of the Website including:
    1. your use and dissemination of any information contained on the Website in a manner that is contrary to that specified in these Terms; and
    2. the publication by you of any material on the Website,

except that the indemnity will not apply to the extent we caused or contributed to the relevant liability.

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 the Tokens is owned or used under licence by Giftbee.
2. Giftbee grants you a limited, non-exclusive licence to access and use the Website and Tokens and any content made available by Giftbee (Content) solely for the purpose of purchasing, receiving, sending or managing Tokens 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 Gift Cards 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 21of 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.

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.

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 Wallet, including your personal information. Our Privacy Policy and Collection Notice can be accessed here: https://www.giftbee.com/privacy-policy-and-collection-notice

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.

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 Wallet 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 Tokens.

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.

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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