TERMS AND CONDITIONS OF USE
1. About the Website
Welcome to www.mygiftregistry.com.au (the “Website”). The Website enables people who have an upcoming event (the “Registry Owners”) to provide a personalised online gift registry via the Website. Guests and well-wishers of the Registry Owners (the “Purchasers”) can then visit the Website and purchase physical or electronically delivered gift cards (“Gift Cards”) which provide credit towards, or specific goods or services (“Merchant Offerings”) from goods and service providers (“Merchants”) for the Registry Owners’ benefit (this process is hereafter collectively referred to as the “Services”).
1.1 The Website and is operated, and the Services are offered, by Aintree Investments Pty Ltd (ACN 666 487 994) trading as My Gift Registry (“My Gift Registry”). Access to and use of the Website, or any of its associated products or services, are subject to these terms and conditions (the “Terms”).
1.2 By using, browsing and/or signing up for use of the Website, you agree that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3 In addition, Gift Cards may be subject to additional terms (“Merchant Terms”)
1.4 By purchasing or using a Gift Card, you agree to be bound by Merchant Terms. If you do not agree to the Merchant Terms, you should not make a purchase and should not use the Gift Card.
1.5 My Gift Registry reserves the right to review and change any of the Terms or Merchant Terms (as modified by the Merchant) by updating this page at its sole discretion. When My Gift Registry updates the Terms of Merchant Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms or Merchant Terms take immediate effect from the date of their publication.
1.6 Individual merchants may also vary the Merchant Terms without notifying My Gift Registry. You should contact the individual merchant with any query in connection with a change in Merchant Terms. My Gift Registry has no control over Merchant Terms.
2. The Services
2.1 In order to access the Services, you may be required to register for an account through the Website (the “Account”).
2.2 As part of the registration process, or as part of your continued use of the Service, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address and/or preferred username;
(b) a mailing address;
(c) a telephone number;
2.3 You warrant that any information you give to My Gift Registry in the course of completing the registration or purchasing process is and will remain accurate, correct and up to date.
2.4 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with My Gift Registry; or
(b) 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. Your obligations as a user of the Services
3.1 You agree to comply with the following:
(a) you will not share your account or profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines applicable in Victoria;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password or account by any other person may result in the immediate cancellation of the Services and will cause you to be liable for any transactions made on your account;
(d) any use of your account or registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify My Gift Registry of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another user or use the profile or password of another user at any time;
(f) you agree not to harass, impersonate, stalk, threaten another user of the Website;
(g) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(h) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of My Gift Registry;
(i) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(j) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by My Gift Registry for any illegal or unauthorised use of the Website;
(k) you acknowledge and agree that any automated use of the Website or its Services is prohibited; and
(l) if you use a Service that requires you to provide your contact information or a list of guest contact information (for example for RSVPs or notifications), you acknowledge and agree that you are solely responsible for the accuracy of that information and you indemnify My Gift Registry and its related body corporates from any loss or claims that arise directly or indirectly from incorrect information being given by you.
4. Purchase of a Gift Card
4.1 You must be at least 18 years old to purchase a Gift Card. Before you can make a purchase you may need to register and create an account with My Gift Registry.
4.2 By clicking on a purchase button you submit an offer to My Gift Registry to buy the Gift Card. My Gift Registry expressly reserves the right to reject your offer. In addition, even if My Gift Registry has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against My Gift Registry, the Merchant, or other third party. My Gift Registry reserves the right to conduct manual checks against the purchase details of the Gift Card which may cause a delay of up to 48 hours before the Gift Card is generated.
4.3 All transactions are conducted via our third party payment system provider, such as Stripe. Additional terms apply for the use of the payment system.
4.4 The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering
4.5 My Gift Registry does not provide refunds.
5. Use of a Gift Card
5.1 Unless expressly stated otherwise:
(a) the Gift Card can only be used once;
(b) the Gift Card can only be used with the Merchant and not with My Gift Registry; and
(c) you must follow the instructions for use associated with the Gift Card when you use the Gift Card with the Merchant
5.2 All Gift Cards sold by My Gift Registry are single-purpose Gift Cards which can only be used with the Merchant for the Merchant Offering.
5.3 In order to redeem a Gift Card you must present it to the Merchant within the relevant validity period. If you do not use the Gift Card within the validity period, the Gift Card expires automatically and cannot be used. You agree that My Gift Registry is not liable for any loss due to the Gift Card expiring before use.
5.4 My Gift Registry will collect your shipping details at the time of purchase. A physical address is required every time Gift Cards are ordered, regardless if they are digital or physical. My Gift Registry will then supply these details to the Merchant. The Merchant will then send the Gift Card to you.
5.5 My Gift Registry is not responsible for lost, stolen or misdirected Gift Cards.
(a) You should ensure that your shipping details are accurate and that the receiving address is secure.
(b) If you require a replacement Gift Card to be shipped to you for whatever reason, My Gift Registry will charge you a $10 fee to cover My Gift Registry’s costs of reissuing the Gift Card to you. You will need to pay the fee before My Gift Registry reissues the Gift Card to you.
5.6 Unless expressly stated otherwise, the Gift Card does not entitle the Gift Card Holder to receive the Merchant Offering at a specific time. My Gift Registry cannot influence the supply and/or provision of the Merchant Offering.
5.7 Any purchase of a Gift Card is for your non-commercial, personal use only (although you may give the Gift Card to the Registry Owner for their non-commercial, personal use).
5.8 Your Gift Card is solely your responsibility.
(a) Neither My Gift Registry nor the Merchant are responsible for lost or stolen Gift Cards or for retrieving Gift Card reference numbers or Gift Card security codes.
(b) In the case of a physical Gift Card, the Gift Card will be issued to you in an inactive state. You will need to follow the instructions provided to you to activate the Gift Card and it may take up to 48 hours from the time you activate the Gift Card for the funds to become available for your use.
5.9 You agree not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Gift Card, or allow anyone else to do so.
5.10 Any attempt to use a Gift Card contrary to these Terms or the Merchant Terms may render a Gift Card void at My Gift Registry’s or the Merchant’s discretion.
5.11 The reproduction of a Gift Card is not permitted.
5.12 The sale of a Gift Card is not permitted.
6. Responsibility for the Merchant Offering
6.1 You agree that the Merchant, and not My Gift Registry, is:
(a) the supplier and/or provider of the Merchant Offering;
(b) the party who enters into a contract with the Gift Card holder when the Gift Card is used; and
(c) solely responsible for providing the Gift Card holder with the Merchant Offering and for the Merchant Offering itself.
6.2 My Gift Registry is not the agent of the Merchant.
6.3 My Gift Registry is not liable and makes no warranty or representation as to the Merchant Offering.
7. Copyright and Intellectual Property
7.1 The Website, the Services and all of the related products of My Gift Registry are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the “Content”) is owned or controlled for these purposes, and are reserved by My Gift Registry or its contributors.
7.2 All trademarks, service marks and trade names are owned, registered and/or licensed by My Gift Registry, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
My Gift Registry does not grant you any other rights whatsoever in relation to the Website or the material on the Website. All other rights are expressly reserved by My Gift Registry.
7.3 My Gift Registry retains all rights, title and interest in and to the Content, Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.4 You may not, without the prior written permission of My Gift Registry and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
7.5 If you broadcast, publish, upload, transmit, post or distribute any content on the Website (“Your Content”), then you grant to My Gift Registry a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9. No warranties and limitation of liability
9.1 To the extent permitted by law, My Gift Registry excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where My Gift Registry is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth), My Gift Registry’s liability is limited (to the extent permitted by law) at its option to the following:
(a) in the case of goods supplied or offered by it:
(i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
9.2 My Gift Registry, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a user’s use of or inability to use the Website,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) My Gift Registry’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
9.3 Without limiting 9.1 or 9.2, My Gift Registry’s total liability shall be limited to the amount paid by a user in respect of a disputed transaction.
9.4 Users indemnify My Gift Registry, its related bodies corporate, their officers and employees, and service providers (including Stripe) from and against all:
(a) liability to any third party;
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
9.5 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors or licensors of My Gift Registry make any express or implied representation or warranty about its content or any products or Services (including the products or services of My Gift Registry) referred to on the Website.
10 Termination of Contract
10.1 The Terms will continue to apply until terminated by either you or by My Gift Registry as set out below.
10.2 If you want to terminate this agreement, you may do so by:
(a) notifying My Gift Registry at any time; and
(b) closing your accounts for all of the services which you use, where My Gift Registry has made this option available to you.
Your notice should be sent, in writing, to My Gift Registry via the ‘Contact Us’ link on our homepage.
10.3 My Gift Registry may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) My Gift Registry is required to do so by law;
(c) My Gift Registry is transitioning to no longer providing the Services to Members in the country, state or territory in which you are resident or from which you use the Services; or
(d) the provision of the Services to you by My Gift Registry is, in the opinion of My
Gift Registry, no longer commercially viable.
10.4 Subject to local applicable laws, My Gift Registry reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts My Gift Registry’ name or reputation or violates the rights of those of another party.
10.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and My Gift Registry have benefited from, 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 this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify My Gift Registry, its affiliates, employees, agents, contributors, and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
12. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Southport, Victoria Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
12.5 Termination of Mediation:
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Third Party Payment System
13.1 All payments for Gift Cards will be transacted via My Gift Registry’s third party payment provider (such as Stripe).
13.2 You are liable for all fees and charges levied by the third party payment system operator and your own financial institution, as well as any foreign exchange fees.
14. Revisions and Errata
The material appearing on the Website could include technical, typographical, or
photographic errors. My Gift Registry does not warrant that any of the materials on its website are accurate, complete, or current. My Gift Registry may make changes to the materials contained on its website at any time without notice. My Gift Registry does not, however, make any commitment to update the materials.
15. Links and Advertising
My Gift Registry has not reviewed the sites linked to or from the Website or third party advertising. All links and advertising provided are for your convenience only, and My Gift Registry is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by My Gift Registry of the site. Use of any such linked website or advertising is at your own risk.
16. Venue and Jurisdiction
The Services offered by My Gift Registry are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
(a) In order to use all features associated with this service you may be required to pay an activation or other fee. All fees paid for Services are non-refundable. Payments will also attract a standard credit card processing fee of 2.9% + $0.30.
(b) The Registry Owner must place an order for gift cards within 30 calendar days after the event date, failing which My Gift Registry will charge the Registry Owner an account keeping fee of $100 per month (charged monthly) while funds remain on the account and that fee will be deducted from the funds in the account.
Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in Australian Dollars (AUD) and are GST exclusive.
19. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
If any provision of these Terms is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.