Terms & Conditions
The eGift it website (www.egiftit.com.au) (“site”) and mobile application (“app”) are operated by eGift it. Throughout the site, the terms “we”, “us” and “our” refer to the eGift it website or mobile app.
eGift it consists of a website and mobile application that allows customers to purchase digital gift cards (“Gift Cards”) to be sent electronically to a chosen recipient’s mobile phone and email address. Customers can also select specific digital add-on products including but not limited to digital wrapping paper, digital greeting cards, music and/or a recorded message. Collectively, the eGift it website and mobile application will be referred to as the “Service”.
By using our Service, you agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our services. By accessing or using any part of the site or app, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access our services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website, including but not limited to, updating the “Last Updated” date. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Gift Cards that you purchase through our Services are issued by participating third-party retailers (“Retailers”). Gift Cards can only be used in Australia. Customers should check with Retailers before purchasing a Gift Card if unsure of where or how they can redeem.
We reserve the right to add or remove Gift Cards from eGift it at any time, without advance notice. All prices are subject to change without notice. The minimum and maximum denominations able to be loaded onto a Gift Card is determined by both eGift it and each individual retailer.
We reserve the right to reject or cancel an order at any time.
The expiry date of a Gift Card will be displayed on the Gift Card, and this date is determined by the Retailer. Please refer to this expiry date to ensure you redeem your Gift Card in the allocated time frame. eGift it is not responsible for users not redeeming their Gift Cards before the expiry date has passed.
Unless otherwise stated by the applicable Retailer, the Gift Card is not redeemable for cash. Treat your gift card like cash. eGift it is not responsible if a Gift Card is lost, stolen, destroyed or used without permission. eGift it is not responsible if any Gift Card is not accepted at a Retailer through no fault of eGift it.
One some occasions, Gift Cards can take up to 24 hours to activate. We ask for your patience on these rare occasions as this is normally due to a connection with the retailer's system. Please contact us if you have not received your gift card after 24 hours.
The issuing Retailer of each Gift Card has their own terms and conditions which must be adhered to and accepted, in addition to these Terms. Please review the Retailer’s terms and conditions before purchasing a Gift Card and contact the Retailer if you have any questions or issues. eGift it is not responsible for the Gift Card program of the Retailers.
eGift it does not need to be part of any dispute resolution between you and the Retailer. We will do our best to assist on all occasions but cannot be held responsible for the Gift Card policies of Retailers.
eGift it is not responsible for the refund of purchase price or return of any products purchased from Retailers, whether a Gift Card has been used or not.
We have no obligation to resolve any dispute between you and any Retailer. eGift it endeavours to work with reputable Retailers, however eGift it holds no liability for the sale of products or services provided to you by a Retailer. eGift it is released from any liabilities arising from or relating to the Retailer once a Gift Card is purchased.
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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We will endeavour to communicate in advance any price changes such as discounts or promotions. We reserve the right to end discounts or promotions before the original time or date stipulated in communications, without notice.
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.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We discourage users to share their password or login details of the e-gift it website or app. We encourage users to have a passcode lock on their “Mobile Devices” (this term includes mobiles phones and mobile tablets). If you lose your mobile device and your digital gift cards have been spent, we cannot assist you.
eGift it is a secure site and mobile application with a current SSL Certificate. More information can be found by clicking the lock icon in the URL bar. eGift it does not hold or have access to any customer’s financial information. We use a third-party payment processor that is compliant with the Payment Card Industry Data Security Standard (PCI DSS).
eGift it takes security for customers and the community very seriously. eGift it has implemented Strong Customer Authentication in the form of 3D Secure 2 (3DS2). By implementing 3D Secure 2, you as a customer may be asked to enter a second authentication by your financial organisation to verify your identity. This process can take a couple of seconds but ensures that only the correct person is using your credit or debit card. This process of authentication is directly between you and your bank. We are proud to be implementing socially responsible security practices and thank you for taking the extra couple of seconds to check out.
We reserve the right to request identity verification if we believe a transaction is fraudulent. If a customer’s identity cannot be verified, we reserve the right to cancel and refund the order without notice.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, through our official social media channels, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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).
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.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 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.
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.
In no case shall e-gift it, 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.
Unless otherwise indicated, the Australian intellectual property legislation protects all Services, content and other materials of eGift it.
“eGift it” is a registered trademark. “eGift it”, the logo and any other eGift it product or service names are eGift it’s intellectual property and may not be copied, imitated or used, whether in whole or part, without the prior written consent of eGift it. All other trademarks and names mentioned in the Service are the property of their respective owners and cannot be used without the permission of the relevant holder.
You agree to indemnify, defend and hold harmless eGift it 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms & 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
eGift it is an Australian company, based in New South Wales, Australia, and our Service is subject to the laws of New South Wales and Australia. Gift Cards purchased on eGift it are only valid in Australia. You are responsible for compliance with applicable laws if you access the Services outside of Australia.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & 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).
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & 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 & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.