GOPHER Greeting and Gift Cards
Reminder Service Terms of Use
Participation
- You can set up reminders for your upcoming events (Reminder Service) during the checkout process and you may benefit from discounts off such cards from time to time (Reminder Voucher).
Operation
- The Reminder must be set at least 10 business days before the date of your event (Event Date). Before your Event Date, we will send you an email to remind you of the Event Date. This email may include details about a Reminder Voucher offer (if applicable) which is only valid for 7 days.
- If you receive a Reminder Voucher it will contain a generated code which can be applied to your basket at check out after you click on the link within the reminder email.
- Each Reminder is considered to be marketing activity. By setting up Reminders, you are giving GOPHER Greeting and Gift Cards permission to email or notify you about the Event Date, even if you are opted-out of other marketing activity (for instance, newsletters). To stop the Reminder Service, you need to contact sales@gophergiftcards.com.au directly to opt-out.
Limitation of Liability
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the Reminders Service is complimentary service provided without any guarantees, conditions or warranties, whether express or implied, as to its accuracy, completeness, reliability, suitability or availability.
- 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 Reminders Service 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 the Reminder Service:
(a) will operate in a timely, secure or error free manner, or be available at any particular time or location;
(b) will be free of any defects; and
(c) will meet your requirements.
- 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 Reminder Service, performance errors or failures of the Reminder Service, any errors or omissions in the Reminder Service, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- We have no liability to the extent that a Reminder Service failure is attributable to any act or omission on your part.
- 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 Reminder Service.
User Conduct
- As a condition of your use of the Reminder Service, you agree not to use the Reminder Service to:
(a) commit or encourage the commission of a criminal offence;
(b) violate any applicable regulations, rules, laws, or local ordinances;
(c) Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
(d) Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information;
(e) Create a false or misleading identity, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
(f) Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
(h) Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail”, ‘spam”, ‘chain letters”, ‘pyramid schemes”, or any other form of such solicitation; and
(i) Interfere with another person’s use and enjoyment of the Reminder Service.
Reservation of Rights
- We reserve the right to:
(a) Terminate your use of the Reminder Service for violating any of the above prohibited uses. Further, breaching the above 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) Modify or remove any reminder placed at any time for any reason; and
(c)Terminate the Reminder Service at any time.
