GIFTS COLLECTIVE’S TERM AND CONDITIONS OF USE
Gift Collective’s Terms and Conditions outline the terms in which you may use our website. The below document applies to all users of the website, including users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 – ACCEPTANCE OF WEBSITE TERMS AND CONDITIONS
1.1 You have read, accepted and consented to the Website Terms and Conditions in full by registering with or using our website.
1.2 If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 2 – DEFINITIONS
2.1 Throughout the website, the terms “we”, “us” and “our” refer to Gifts Collective. “You” and “your” refer to you, the user of this website.
SECTION 3 – GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve:
3.2.1 transmissions over various networks; and
3.2.2 changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – INTELLECTUAL PROPERTY RIGHTS
4.1 Gifts Collective and its third-party providers owns or are licensed to use the intellectual property on this website. All content on this website, including, but not limited to tex, graphics, logos, buttons, images, icons, and software.
4.2. Gifts Collective is subjected and protected by the Copyright Act 1968 (Cth), and intellectual property laws in your country.
SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
5.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
6.1 Prices for our products are subject to change without notice.
6.2. All prices on our Website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST).
6.3. Our prices exclude foreign taxes, VATs and customs and excise duties.
6.4 We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
6.5 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
SECTION 7 – THIRD-PARTY LINKS
7.1 Certain content, products and services available via our service may include materials from third-parties.
7.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
7.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
9.1 Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
9.2 We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
10.1 In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:
10.1.1 for any unlawful purpose;
10.1.2 to solicit others to perform or participate in any unlawful acts;
10.1.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
10.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
10.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
10.1.6 to submit false or misleading information;
10.1.7 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
10.1.8 to collect or track the personal information of others;
10.1.9 to spam, phish, pharm, pretext, spider, crawl, or scrape;
10.1.10 for any obscene or immoral purpose; or
10.1.11 to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
11.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
11.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
11.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
11.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11.5 In no case shall Gifts Collective, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
12.1 You agree to indemnify, defend and hold harmless Gifts Collective and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
13.1 In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
14.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
14.2 These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
14.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
15.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
15.2 These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
15.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 16 – JURISDICTION
16.1 These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New South Wales.
SECTION 17 – REFUNDS AND RETURNS
17.1 Returns are only accepted for damaged or faulty products.
17.2 Gifts Collective does not refund or exchange due to a simple change of mind. Our customised arrangements are all created to the highest standards.
17.3 Should you find your bouquet damaged or defective, please email us at firstname.lastname@example.org with pictures attached and we will assist you. All approved refunds for damaged or defective arrangements will be issued by the original method of payment.
17.4 Please be mindful that each rose bud will slightly vary in size and shape. Rose colours may appear different in images due to differences in lighting conditions.
17.5 Any cancellations must be made within 2 hours of the order being placed as all of our products are made to order. Cancellations are not permitted for customised floral arrangements.
SECTION 18 – CHANGES TO TERMS AND CONDITIONS
18.1 You can review the most current version of the Terms and Conditions at any time at this page.
18.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 19 – DELIVERY
19.1 We strive to have the products delivered to you at the requested delivery location within the time specified by us. However, we cannot ensure any exact delivery times and dates.
19.2 We will aim to notify you if we cannot meet the estimated delivery date, but, to the extent permitted by law, we are not liable for any losses, liabilities, charges, costs, damages or expenses towards out as a result of late delivery.
19.3 If you have selected the option for ‘Authority To Leave’ upon placing you order, you are agreeing that this will allows us and/ or our couriers permission to leave the Order unattended by the front door, or as per your delivery instructions, without receiving a signature to confirm the delivery at the specified location. Following this, we and our couriers will be released of all responsibility and liability for the Orders delivered and placed unattended, and this responsibility and liability is transferred to you upon delivery.
SECTION 20 – CONTACT INFORMATION
20.1 Questions about the Terms and Conditions should be emailed to us at email@example.com