Website Terms of Use

GOPHER Greeting and Gift Cards

1.0 General

(a) This website (“Website“) is owned and operated by TechEngin Pty Ltd (ACN 626 018 246) trading as GOPHER Greeting and Gift Cards (GOPHER Greeting and Gift Cards). Throughout the Website, the terms “GOPHER Greeting and Gift Cards “, “we”, “us” and “our” refer to GOPHER Greeting and Gift Cards.

(b) Access to and use of the Website, its contents and the products available through the Website (including without limitation, visiting the Website and / or purchasing a product from GOPHER Greeting and Gift Cards), are subject to the following terms, conditions and notices, including any additional terms, conditions and / or policies referenced and / or available by hyperlink (Terms of Use). Please read the Terms of Use carefully before accessing or using our Website. By using / accessing the Website, you agree to be bound by the Terms of Use, as may be updated by us from time to time.

(c) You can view the most current version of the Terms of Use at any time on this page. We reserve the right, in our absolute discretion, to amend, vary or replace the Terms of Use at any time and without notice. Amendments will be effective immediately from the time they appear on the Website. It is your responsibility to check these Terms of Use for any changes. Your continued use of and / or access to the Website following the amendments appearing on the Website constitutes an agreement by you to be bound by the Terms of Use as amended.

2.0 Definitions

Claims includes any claim, notice, demand, costs, expenses, debts, dues, liabilities, damages, losses, action, proceeding, litigation, judgment or order, however it arises, past, present or future, fixed or unascertained, actual or contingent;
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the wellness, health, scientific, commercial, industrial, literary or artistic fields.
Product means any product made available for purchase via the Website.

3.0 Website

(a) Access to the Website is permitted on a temporary basis, and we reserve the right to remove or amend all or any part of the Website without notice. From time to time, we may restrict access to some parts or all of the Website. We will not be liable if for any reason the Website is unavailable at any time or for any period.

(b) Your use of the Website is at your own risk. The Website (except as expressly stated otherwise by us) is provided on an “AS IS” and “AS AVAILABLE” basis.

4.0 Purchases

4.1 PURCHASING WITH / WITHOUT A CUSTOMER ACCOUNT

(a) You must be at least 18 years of age to purchase Products through our Website.

(b) If you would like to purchase any Product made available through this Website, you may do so irrespective of whether you create an account with us (“Customer Account“), but either way you will be required to provide certain information in order for the transaction to occur, including your name, credit card details (credit card number, expiration date and card verification value (CVV)), as well as your billing and shipping addresses. In respect of that information, you represent and warrant that that the information you supply to us is true, correct and complete and that you have the legal right to use any credit card(s) or other payment methods in connection with your purchase.

(c) If you create an account with us (“Customer Account“), then in relation to that account, you acknowledge and agree that:

(i) You are solely responsible for maintaining the confidentiality of the Customer Account;
(ii) You will not disclose your password to your Customer Account to any person;
(iii) You are at least 18 years old;
(iv) All information used by you to create your Customer Account is true, complete and accurate;
(v) You must promptly advise us of any changes to the information you provide for your Customer Account;
(vi) You are responsible and liable for any person that uses your login and password to purchase Products through the Website;
(vii) You agree that we may charge you for all Products that have been ordered using your login and password through the Website; and
(viii) You will comply with all laws.

(d) You agree that GOPHER Greeting and Gift Cards shall not be responsible for any misuse by you of your Customer Account and you release GOPHER Greeting and Gift Cards from all Claims, loss and / or damage suffered by you which has been caused by your failure to comply with these Terms of Use.

(e) GOPHER Greeting and Gift Cards reserves the right to suspend, or terminate your Customer Account and/or and access to our Website, refuse service or cancel orders for any reason, include without limitation if we reasonably believe you have misused your Customer Account, breached these Terms of Use or used or are using the Website in a fraudulent or improper manner.

4.2 PLACING ORDERS

You may purchase Products by selecting and submitting your order through the Website.

(a) Any order placed through this Website for a Product is an offer by you to purchase the particular Product for the price notified (including delivery and other charges, fees and taxes) at the time you place the order, subject to these Terms of Use.

(b) When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(c) Whilst we try and ensure that all Product details, descriptions and prices which appear on this Website are accurate, errors may occur, and we will use our best endeavours to correct any such errors as soon as we discover them.

(d) We have made every effort to display as accurately as possible the colors and images of the Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

(e) All descriptions of Products and / or Product pricing are subject to change at any time without notice, at our sole discretion.

(f) We reserve the right to discontinue any Product at any time. Any offer for any discontinued Product made on this Website is void where prohibited.

(g) We do not warrant that the quality of any Products purchased or obtained by you will meet your expectations.

4.3 ACCEPTANCE OR REJECTION OF AN ORDER

(a) If your order is accepted, you will be notified by email of its acceptance.

(b) Your order may be rejected in certain circumstances, such as where the requested Product is not available, if any personalised Content submitted is in breach of these term of use or if there is an error in the price or the Product description posted on the Website.

(c) If we reject an order for Products placed through the Website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

(d) We reserve the right to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

(e) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. We also reserve the right to otherwise cancel orders in accordance with section 4.6.

4.4 PRICES, FEES, CHARGES AND PAYMENT

(a) All prices and delivery fees on the Website are in Australian dollars (AUD$).

(b) Product prices are as they appear on this Website and are subject to change without notice. When you order a Product through our Website, the price for the Product will be at it appears on the Website at the time of your order.

(c) Delivery / postage costs may be charged in addition to the price of the Products you order and will be displayed at the online checkout before an order can be submitted through the Website.

(d) The available methods of payment are:

(i) Visa credit card;
(ii) MasterCard credit card;
(iii) Debit cards displaying a Visa or Mastercard logo; and
(iii) PayPal.

(e) If payment for an accepted order cannot be processed, then we may cancel that order.

(f) If you choose to pay by credit card or debit card, you authorise us to debit the amount payable from the card for an accepted Order.

(g) You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

4.5 DELIVERY OF PRODUCTS

(a) We only deliver to addresses in Australia.

(b) Unless requested otherwise by you prior to purchase, all standard orders are sent by Australia Post without tracking and for a flat shipping fee. You may opt to have express and/or trackable shipping at a higher shipping fee, which will be notified to you at the checkout.

(c)Items will be dispatched within 2 business days from the date on which your order is accepted and subject to payment for that order being received.

(d)While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

(e)You acknowledge and agree that any person at the delivery address who receives the Products is authorised by you to receive your order.

(f) If no one is present to accept delivery at the delivery address, then unless you provide express authorisation to leave a Product at the delivery address, the order may be taken to an Australia Post post office where you can collect it. If you authorise us or our carrier to leave a Product at the delivery address when no one is present to accept delivery, you:

(i) accept the risk of theft or loss of, or damage to, the Product from the time it is delivered; and
(ii) acknowledge that, notwithstanding your authorisation, the person delivering the Product has discretion whether to leave the Product at the address.

(g) Title and risk in the Products passes to you on the date and time of their delivery to you.

(h) Non delivery of Products must be reported to us as soon as possible.

(i) If you consider that the Products are delivered to you in a damaged or defective condition, or are otherwise faulty, please notify us by email to sales@gophergiftcards.com.au within 7 days of receipt of your order, and ensure you provide proof of purchase, order number and photographs of the Products in question in your email. Upon our review of your email, if we agree that the Products were delivered to you in a damaged or defective condition, we will gladly replace the damaged or defective item.

4.6 ORDER CANCELLATION

(a) We may cancel any part of an order for Products (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

(i) the Products in that order are not available for any reason; or
(ii) there is an error in the price or Product description posted on the Website for the Product; or
(iii) the Product(s) in that order have been recalled; or
(iv) any Content requested to be incorporated in the Product is in breach of these terms of use.

(b) If we cancel any part of an order under section 4.6(a), we will provide you with reasonable notice of that cancellation and will not charge you for the cancelled part of the order. If any payment has been taken, then:

(i) for a wholly cancelled order, the full payment amount, including the delivery fee and any other fees and charges; or
(ii) for a partly cancelled order, the amount paid in respect of cancelled Products, will be refunded to your original payment method, or where GOPHER Greeting and Gift Cards deems appropriate, through an alternative means.

(c) You may cancel any part of an order at any time prior to dispatch by notifying us by email to sales@gophergiftcards.com.au If you do this, you will be issued a refund for the part of the order that is cancelled less a restocking and administration fee of 5% of the value of the cancelled items.

4.7 REFUNDS/ RETURNS

You can access our policy on refunds / returns here.

5.0 Linked Sites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We only provide links to Linked Sites as a convenience, and the inclusion of such links does not imply or represent our endorsement of them. We have no control over the Linked Sites. Accordingly, we do not accept or assume any liability or responsibility for Linked Sites or for any loss or damage whatsoever that may arise from or in connection with your access and / or use of any Linked Sites or for your reliance on any content, goods or services available on or through any Linked Sites. You acknowledge and agree that if / when you access / use Linked Sites, you do so at your own risk. Your use of the Linked Sites is subject to the terms of use and service contained within each such site, and it is your responsibility to read the terms and conditions and privacy policies of those sites.

6.0 Optional Tools

(a) We may provide you with access to tools via this Website, including tools run by third parties.

(b) Access to such tools shall be subject to these Terms of Use. However, where tools are run by third parties, access to those tools is provided without any warranties or representations of any kind and without any endorsement by us, and we shall have no liability whatsoever arising from or relating to your use of those tools. Your use of optional tools is at your own risk and subject to the terms on which those tools are provided by the relevant third party.

7.0 User Content

(a) We may permit you to post, submit, link, store, share and otherwise make available on our Website certain information, text, graphics, images, videos, or other material for the purposes of personalising Products, providing Product feedback or otherwise (“Content”).

(b) You acknowledge and agree that:

(i) all Content you provide on the Website will be publicly available and you bear the risks associated with it being publicly available.
(ii) by posting Content to the Website you grant us the right and licence to use, modify, publicly display, reproduce, and distribute your Content on and through the Website, and that as a result, other users of this Website may use that Content subject to these Terms of Use. You otherwise retain all your rights in relation to such Content.
(iii) We reserve the right to modify or remove any Content at any time for any reason.
(iv) We are under no obligation to monitor the accuracy or reliability of your Content.
(v) We take no responsibility and assume no liability for any Content posted by you or any third-party.

(i) You own the Content or you have the right to use it, and you grant us the right and licence as provided in this clause,
(ii) the posting or submitting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
(iii) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iv) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(v) the Content will not be unsolicited, undisclosed or unauthorised advertising;
(vi) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
(vii) the Content does not bring us or the Website into disrepute.
(viii) If applicable, you will keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.

8.0 Prohibitions

(a) You acknowledge and agree that you must not misuse the Website or its content. In addition, you acknowledge and agree that you will not:

(i) commit or encourage the commission of a criminal offence;
(ii) violate any applicable regulations, rules, laws, or local ordinances;
(iii) infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others;
(iv) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(v) submit false or misleading information;
(vi) collect or track the personal information of others;
(vii) transmit or distribute a virus, trojan, worm or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(viii) hack into any aspect of the Website; corrupt data; cause annoyance to other users;
(ix) infringe upon the rights of any other person’s proprietary rights;
(x) send any unsolicited advertising or promotional material, commonly referred to as “spam”, or phish, pharm, pretext, spider, crawl, or scrape;
(xi) interfere with or circumvent the security features of the Website or any related website, other websites, or the internet; or
(xii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We reserve the right to terminate your use of the Website for violating any of the above-prohibited uses. Further, breaching this provision may constitute a criminal offence and we may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(b) We will not be liable for any loss or damage suffered by you as a result of your misuse of the Website, or as a result of a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Linked Sites.

9.0 Intellectual property, software, and content

You acknowledge and agree that the Intellectual Property Rights in all software and content (including photographic images) made available to you on or through this Website remain the property of GOPHER Greeting and Gift Cards or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by GOPHER Greeting and Gift Cards and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

10.0 Limitation of Liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties, whether express or implied, as to its accuracy, completeness, reliability, suitability or availability.

(b) To the fullest extent permitted by law GOPHER Greeting and Gift Cards hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Without limiting the generality of the foregoing, in relation to the Website or the Products no warranties of any kind are provided, whether express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose. Further, GOPHER Greeting and Gift Cards does not warrant that:

(i) the Website will function uninterrupted, timely, secure or error free, or be available at any particular time or location;
(ii) any errors or defects will be corrected;
(iii) the Website is free of viruses or other harmful components; or
(iv) the results of using the Website will meet your requirements.

(c) In no case shall GOPHER Greeting and Gift Cards , its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, injury, loss or Claim whatsoever, including without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any kind, including without limitation loss of use, profits, revenue, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services or any similar damages, arising out of or related to the use or inability to use the Website, performance errors or failures of the Website or any Linked Sites, any errors or omissions in any content on the Website or any Linked Sites, use of any content (or product) posted, transmitted, or otherwise made available via the Website, any Products procured using the Website, or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(d) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(e) We have no liability to the extent that a Product failure is attributable to any act or omission on your part.

(f) Our total liability for loss or damage of every kind, whether:

(i) arising under these Terms of Use; or
(ii) arising in any other way out of or in relation to the supply of the Products, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

(g) is limited to the amount of the sum paid by you to us for the Products.

(h) The above does not affect GOPHER Greeting and Gift Cards ‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

11.0 Indemnity

You agree to indemnify, defend and hold harmless GOPHER Greeting and Gift Cards and our successors and assigns, their directors, officers, employees, contractors, consultants, partners, agents, affiliates, licensors, service provider and suppliers, from any and all third party claims, liability, damages or costs (including without limitation legal fees) due to or arising from your use of the Website, any Content you submit or your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or rights of a third party.

12.0 Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

13.0 Promotions and Competitions

Any promotions or competitions (“Promotions”) made available through our Website may be governed by rules / terms that are in addition to these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the Promotion rules / terms conflict with these Terms of Use, the Promotion rules / terms will apply to the extent of inconsistency.

14.0 Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with GOPHER Greeting and Gift Cards and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to GOPHER Greeting and Gift Cards.

15.0 MISCELLANEOUS

(a) Invalidity: If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

(b) Waiver: Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach the Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.

(c) Entire agreement: The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

(d) Governing Law: These Terms of Use are governed by and construed in accordance with the laws for the time being in force in the State of Victoria, Australia and you agree to submit to the jurisdiction of the courts and tribunals of the State of Victoria and any Courts that may hear appeals from those courts.

(e) Headings in these Terms of Use are for convenience only and do not affect construction.

(f) Words in the singular also include the plural and vice versa

16.0 Privacy policy

Our privacy policy sets out how we use your information and can be found here. By using the Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is complete and accurate.

17.0 Complaints

If any disputes or complaints arise, we will to try to resolve them as soon as practicable after we are notified of them. Every dispute / complaint will be handled on a case-by-case basis. If you have any complaints or comment, please contact us by sending an email to sales@gophergiftcards.com.au .