T&Cs | giffiinstantdelivery

GIFFI INSTANT DELIVERY – WEBSITE TERMS OF USE

This website (Site) is operated by Giffi Instant Delivery Pty Ltd ACN 624 581 059 (we, ouror us). It is available at: https://www.giffi.com.au/and may be available through other addresses or channels.

Consent:By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations:We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Links to other websites: This website may contain links to other websites for your convenience. We do not control the content of those websites. To the extent permitted by law, we make no warranties or representations regarding that content and exclude any liability to you in relation to it.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Site;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights:Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content:You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

(c) our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Giffi Instant Delivery Pty Ltd ACN 624 581 059

Email: admin@giffi.com.au

Last update: 16 March 2018

GIFFI INSTANT DELIVERY – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through this website and mobile application (Site). In this Privacy Policy we, usor ourmeans Giffi Instant Delivery Pty Ltd ABN ACN 624 581 059.

Personal information

Personal information: The types of personal information we may collect about you include:

your name;
images of you;
your contact details, including email address, mailing address, street address and/or telephone number;
details of your drivers’ licence or other identification documents;
details of certain qualifications you hold;
credit card details;
your demographic information, such as postcode;
your preferences and/or opinions;
information you provide to us through customer surveys;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

to enable you to access and use our Site, associated applications and associated social media platforms;
to assess your application to hold an account on our platform;
to assess your application to become a third party courier on our platform;
to contact and communicate with you;
for internal record keeping and administrative purposes;
for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
to run competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you; and
to comply with our legal obligations and resolve any disputes that we may have.

Disclosure of personal information to third parties

We may disclose personal information to:

third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
sponsors or promoters of any competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you (this may include parties located, or that store data, outside of Australia); and
third parties to collect and process data, such as Google Analytics or other relevant businesses (this may include parties located, or that store data, outside of Australia).

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive informationmeans information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

We will not collect sensitive information about you without first obtaining your consent.

Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.

Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us and to our use of the personal information.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988(Cth), we may refuse to provide you with personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

This Privacy Policy is available online via www.giffi.com.au or by clicking the “Privacy Policy” link in the mobile application or website. We reserve the right to modify or amend this policy, and We may at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy

For any questions or notices, please contact our Privacy Officer at:

Giffi Instant Delivery Pty Ltd ACN 624 581 059

Email: admin@giffi.com.au

Last update: 13 Sept 2018

MOBILE APP for customers Giffi : Instant Delivery Terms of use

Giffi’s Platform is comprised of this website, www.giffi.com.au (Website), and any mobile application that is available for download via the App Store or the Google Play Store (App) (collectively the Platform). It is owned and operated by Giffi Instant Delivery Pty Ltd (A.C.N. 624 581 059) (Giffi, us or we).

Set out below are the “Customer Terms” which apply to “Customers” who wish to use the Platform to schedule delivery and personal shopping services.

Giffi reserves the right to amend these Customer Terms from time to time in its sole discretion, so you should check them regularly. By using the Platform at any time, you acknowledge that you have read, understood and agree to be bound by the current Customer Terms and Privacy Policy in use. If you do not agree to the current Customer Terms or Privacy Policy in use, then do not use the Platform.

If you do not understand any of these Customer Terms, or you have any questions, please contact Giffi at privacy@giffi.com.au.

1 The Basics

1.1 The Platform offers a marketplace service which enables Customers to purchase goods from vendors (Providers) and to arrange for goods to be collected by, or in some cases obtain personal shopping services from, independent delivery drivers (Giffers).

1.2 Giffi does not employ or engage Giffers directly nor is it an agent for Providers. It merely provides a Platform through which Customers may directly engage Giffers or place orders with Providers to purchase goods. Giffi is not, and does not become, a party to any contractual relationship between the Customer and the Giffer or the Customer and the Provider.

1.3 When using the Platform, Customers, Giffers and Providers are all required to comply with the “Platform Rules”, which are comprised of these Customer Terms, the Provider Terms (located at www.giffi.com.au/privacy), the Giffer Terms (www.giffi.com.au/privacy) and the Privacy Policy (www.giffi.com.au/privacy) in place from time to time.

1.4 Where a dispute arises or a complaint is made, save as set out below, Giffi will only investigate in order to determine whether the Platform Rules have been breached. Where the Platform Rules have been breached, Giffer reserves the right to restrict or prevent future access to the Platform.

1.5 Giffi operates a number of other businesses and services. Customers may also access the Platform as a Giffer or as a Provider. When they do, the Provider Terms or the Giffer Terms (as the case may be) will apply. These Customer Terms only apply where a customer accesses the Platform as a customer.

1.6 Giffi reserves the right to amend its Platform Rules, including these Customer Terms, at any time by posting amended or updated Platform Rules on the Platform. By accessing the Platform or placing an order for goods or services via the Platform, you agree to be bound by the Platform Rules then in place.

2 Account Creation

2.1 You must create an account with us in order to access and/or place orders for goods and services via the Platform.

2.2 You may not create an account if you lack capacity to enter into a binding agreement with us. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian.

2.3 In order to create an account, you must provide us with your full name, your postal address, your email address, mobile phone number and other information requested during the account registration process. You understand that by supplying Giffi with your personal information such as email address and phone number, you may receive regular emails, telephone calls, SMS updates or in-app notifications from Giffi in order to keep you updated on the job delivery status, to keep you informed about invoices or other matters regarding the Platform and/or goods or services acquired by you via the Platform.

2.4 You warrant that all information you provide to us during the account registration process is accurate and that you will keep this information up to date at all times.

2.5 When you create an account, you must select a login name and a password for your account. The password you select must not be easily guessable and should be reasonably secure. You must keep your logon credentials confidential and must not share them with any other person or assign your account to any other person.

2.6 You must immediately notify Giffi of any unauthorised use of your logon credentials or any other breach of security. You agree that you will be responsible for your use of your account and any activity that occurs as a result of the use of your logon credentials.

3 Fees

3.1 We accept payment via third party payment providers such as Stripe or PayPal. In entering into this Agreement and using the Platform, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation of the payment gateway provider used.

3.2 In consideration for the goods or services acquired by you via the Platform, you must pay the fees specified on the Platform at the time of purchase plus any applicable GST.

3.3 For purchases made via the Platform, Giffi will collect the purchase price for the goods acquired, the delivery fee, the Platform fee and any GST payable and will remit payment to the relevant Provider and Giffer on your behalf.

3.4 For personal shopping services acquired via the Platform, the Giffer will purchase and pay for goods ordered by you via the Platform and deliver them to you. In these circumstances you must reimburse the Giffer for the full purchase price of the goods acquired on your behalf. The service fee, delivery fee and the Platform fee will be collected by Giffi at the time that the order is placed. Your credit or debit card details will also be retained and charged in the event that you fail to reimburse the Giffer for goods acquired on your behalf for any reason.

3.5 Giffi does not guarantee the price of goods where a Giffi is engaged to undertake personal shopping services on your behalf. You will be responsible for the full purchase price of the goods actually acquired on your behalf, notwithstanding any previous price advertised by the vendor. Final price information will be confirmed once the purchase has been made on your behalf.

3.6 All fees quoted on the Platform are inclusive of GST where applicable.

3.7 We will issue you with a Tax Invoice in respect of the fees charged in accordance with GST legislation or taxes applicable in your jurisdiction.

3.8 We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change.

4 Cancellations

4.1 Pre-scheduled orders may be cancelled up to 3 hours prior to the scheduled pick up time. If a Customer wishes to cancel an order within 3 hours of the scheduled pick up time, they must log into the Platform in order to determine whether cancellation is possible. The Customer may still be charged if cancellation is not possible, for instance because the order fee if the order has already been prepared.

4.2 Other orders may be cancelled if they have not been accepted by a Giffer or a Provider. Once an order has been accepted, it may not be cancelled. Cancellations made after an order has been accepted will not receive a refund.

4.3 To the extent permitted by law, our Platform fees are non-cancellable and non-refundable.

5 Acceptable Use

5.1 Subject to the Platform Rules, Giffi grants you the right to access and use the Platform. This right is non-exclusive, non-transferable, and limited by and subject to the terms of the Platform Rules.

5.2 You agree that, subject to any applicable laws:

(a) you will only use the Platform for lawful purposes, in accordance with the Platform Rules that are in place from time to time;

(b) you must not provide false information when registering or changing your registration details;

(c) you must not attempt to undermine the security, performance, functionality or integrity of the Platform and networks or, where the Platform is are hosted by a third party, that third party's computing systems and networks;

(d) you must not attempt to gain access to any materials other than those to which you have been given express permission to access or to the computer system on which the Platform is hosted;

(e) you must not access the Platform to compete with us, cause disrepute or for any other use not contemplated by the Platform Rules or expressly authorised by Us;

(f) you must not violate the rights, trademarks, intellectual property or trade secrets of another party;

(g) you must not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

(h) you must not use the Platform or any communication tool available on the Platform for posting or disseminating any material unrelated to the use of the Platform , including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail or content that may be offensive to any other users of the Platform;

(i) when you make any communication on the Website, you represent that you are permitted to make such communication, and you recognise that Giffi is under no obligation to ensure that the communications on the Platform are legitimate, or that they are related only to the use of the Platform, however, Giffi reserves the right to remove any communication at any time in its sole discretion;

(j) you must not attempt to modify, copy, adapt, reproduce, disassemble, de-compile or reverse engineer any computer programs used to deliver the Platform or to operate the Platform except as is strictly necessary to use either of them for normal operation; and

(k) you agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Giffi and its directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of your actions. Moreover, you agree to comply with the laws and regulations of your jurisdiction.

5.3 Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes. Any such limitations will be advised from time to time.

5.4 You are prohibited from using our Platform, including the information and materials available on it in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent we may suffer, and hold you accountable for any profits that you may make from non-permitted use

6 How to use the Platform

6.1 The Platform can be used in four (4) ways. In each case:

(a) Giffi offers a directory service which allows Customers to directly engage or acquire goods or services from Providers or Giffers. Giffi does not provide goods or delivery services and is therefore not a party to any contractual arrangement arising between the Customer, Provider or Giffer. It is therefore not responsible for loss or damaged goods or errors made. However, Giffi will mediate disputes that arise between the parties and endeavour to bring about a resolution to concerns that are raised provided that the maximum compensation that can be claimed in any case is $100.

(b) Where a Provider only accepts cash payment, or where the customer is given the option of paying for items by cash, the Giffer may pay for the goods acquired on behalf of the Customer and the Customer must then reimburse the Giffer. This option is only available where the total price for all goods purchased does not exceed $100 including GST. Where this option is selected, the Giffi will collect the service fee specified on the Platform at the time of purchase, the delivery fee and the Platform fee via the Platform. In the event that payment is not provided to the Giffer for any reason, Giffi will debit customer’s credit card the amount owed plus any bank charge fee and service fees incurred.

(c) Giffers may accept or decline jobs that are offered to them. In the event that a Giffer declines or cancels a job, Giffi will locate another Giffer to undertake the job.

(d) Customers may monitor the status of their order via the Platform.

(e) If required, Customers must arrange for their own insurance for goods which are to be delivered.

6.2 The ways that the Platform can be used are as follows:

(a) GIFFI FOOD

• Customers can browse menus supplied by Restaurant Providers and place orders for food with Restaurant Providers via the Platform. Restaurant Providers will notify Customers via the Platform, text and/or email whether an order has been accepted or declined.

• Where an order is accepted, the Restaurant may notify the customer that the meal is ready to be collected by the Customer or, if requested by the Customer, Giffers may be offered the opportunity to provide delivery services in respect of the order.

(b) GIFFI SHOP

• Giffi offers a directors service which allows Customers to brows items offered for sale via the Platform or link to third party sites which are advertised on the Platform. Customers may make purchase requests via the Platform. Providers will notify customers via the Platform, text and/or email whether an order has been accepted or declined.

• When an order is available for collection, the customer may choose to collect the order when notified that it is ready or request that it be delivered by a Giffer.

• Before placing an order with a Provider, please note their terms and conditions as they will continue to apply despite the order being placed via the Platform.

• Shop and send allows customers to request Giffers to attend stores, make purchases on the customer’s behalf and delivery those purchases to the customer.

• Where items are purchased from third party suppliers who are not Giffi partner Providers, a surcharge of $1 per item will be applied to the order.

• Customers will be responsible for the actual price of goods paid, as well as the surcharge, the delivery fee and Platform fee, regardless of any advertised price for goods by third party suppliers.

• In order to use this service, the following criteria must also be met:

o the maximum number of items that may be purchased per order is 5;

o total weight for an order must not exceed 15kg;

o dimensions for the total order must not exceed 100cm x 100cm x 50cm; and

o total price for all goods purchased must not exceed $100 including GST.

• Where items are not available, the customer will be advised via text, email or phone.

(d) PICK UP AND SEND -

• Customers may book Giffers to pick up and deliver pre-paid packages for them.

• In order to use this service, the following criteria must also be met:

o total weight of a package must not exceed 15kg; and

o dimensions must not exceed 100cm x 100cm x 50cm.

7 Promotions and discounts

7.1 Giffi may run temporary promotions and offer discounts. Such promotions and discounts may be subject to additional terms and conditions and may be withdrawn or amended at any time.

7.2 Currently, Giffi offers points at its discretion for every completed delivery fee paid for by a customer. It also allows customers to access its free game, known as “G world”.

7.3 Points may also result in you receiving favourable treatment or additional offers. They may also be redeemed for items, vouchers and other rewards as promoted by Giffi from time to time. The terms and conditions attaching to points will be published and may be amended by Giffi in its sole discretion from time to time.

7.4 By participating in a promotion, you consent to Giffi publishing your username in respect of the running of that promotion. If you do not want your user name to be published, you must email Giffi in writing.

8 Communications

8.1 The Platform may be used to communicate with Providers and Giffers.

8.2 You are exclusively responsible for ensuring that all communications you send using the Platform or send to us are true, complete and accurate. If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable.

8.3 We are not responsible for the accuracy of anything another user of our Platform posts or submits to our Platform, nor are we responsible for the online or off-line conduct of other users.

8.4 You agree not to use any of the communication services offered by the Platform to transmit or communicate inappropriate, unlawful or offensive material or to discriminate based on race, gender, sexuality, age, disability or any other attribute protected by law.

8.5 You agree not to engage in abusive, defamatory or harassing behaviour, or to engage in any other conduct that may bring the Platform or Giffi into disrepute.

9 Alcohol and Tobacco

9.1 Giffi does not supply alcohol. However, Giffers may be engaged to collect alcohol on your behalf and deliver it to you.

9.2 You may only place an order for the delivery of alcohol or tobacco if you are over the age of 18 years.

9.3 By placing an order which contains alcohol or tobacco, you expressly acknowledge and agree that you are at least 18 years old or above and will provide proof of age or any government-issued identification card at the time of delivery.

9.4 Giffi may refuse to communicate an order for the delivery of alcohol or tobacco, and Giffers may refuse to deliver alcohol to any person for any reason whatsoever and including but not limited to refusing delivery to a person whom is reasonably believed to be intoxicated, drunk or disorderly or under the influence of drugs.

9.5 Giffers must refuse to deliver alcohol or tobacco to any person if it is reasonably believed that the alcoholic beverages or tobacco will, may or are likely to be, supplied to persons under the age of 18 years of age.

9.6 Where a Giffer is unable to deliver alcohol or tobacco because you have not been able to meet the requirements of these Customer Terms, Giffi may charge you for the alcohol or tobacco and the relevant delivery fee despite it not being delivered to you.

10 Restricted Goods

10.1 Customers must not request, and Giffers must not accept, a job which involves the purchase or transportation of illegal, stolen, flammable, dangerous or hazardous goods (Restricted Goods).

10.2 Where a Giffer is unable to deliver an order because they have been asked to purchase or deliver Restricted Goods, Giffi may charge you the delivery fee despite the order not being delivered to you.

11 Delivering your Order or Package

11.1 You must be at the delivery address you nominate to accept delivery of any order you request through the Platform.

11.2 If you are not at the address you nominate to accept delivery of your order or package:

(a) the Giffer will attempt to contact you using our on-Platform messaging system or via the contact details you provide on the Platform;

(b) if the Giffer is unable to contact you after multiple attempts in 10 minutes waiting:

(d) the Giffer may leave your order at the address you nominate for your order and you release Giffi and the Giffer for any loss or damage to the order.

12 Collection Notice

12.1 We collect personal information about you in order to enable you to access and use the Platform, including but not limited to permitting your orders and delivery requests to be fulfilled, for us to contact and communicate with you regarding your order or delivery request and for other purposes set out in our Privacy Policy.

12.2 We may disclose that information to third party service providers who help us deliver our services (including Giffers, information technology service providers, data storage providers, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information third party suppliers may not be able to provide their products or services to you to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

12.3 Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

12.4 By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

13 Ratings and reviews

13.1 We may request that You provide a rating or review of a Giffer or a Provider. You agree that any rating or review that you provide will be honestly made and based on your own experience.

13.2 You agree that the ratings and reviews form part of the website data and you grant us an exclusive, royalty free, worldwide licence to use or reproduce your ratings and reviews.

13.3 We may publish the rating or review content in full or in part and modify the content of your ratings and reviews for any reason (or no reason) at our sole discretion. We may also remove any rating or review from the Website for any reason (or no reason) at our sole discretion.

13.4 We will reasonably protect your privacy and display your personally identifying details only when authorised by You.

13.5 Ratings can be viewed by any user and will remain viewable until the relevant Giffer’s or Provider’s account is removed or terminated.

13.6 To the maximum extent permitted by law, we are not responsible for the content of any reviews.

14 Intellectual Property

14.1 The Platform and all content forming part of the Platform are protected by intellectual property laws. You acknowledge and agree that Giffi owns, control or have licensed all legal right, title and interest in and related to the Platform, including all Intellectual Property Rights.

14.2 Except where permitted under applicable laws, any of the Platform’s content (including any substantial part of it) must not otherwise be used, stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.

14.3 If you correspond or otherwise communicate with us (including if you post a rating or a review), You automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your communication, and to prepare derivative works or incorporate the content into other works. This may include, but is not limited to, publishing testimonials on our Platform, and developing your ideas and suggestions for new or improved products or services.

15 Warranties and Acknowledgements

15.1 You warrant and agree that:

(a) you have read and understood the Platform Rules and agree to comply with them at all times;

(b) you have not been induced to enter into agreeing to an agreement with us by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in the Platform Rules;

(c) you have been given the opportunity to take legal and or financial advice on the terms of the Platform Rules and make your own decision as to the suitability or otherwise of this service for you;

(d) you have obtained all third party approvals necessary for you to agree to the Platform Rules;

(e) we are not responsible for the online or offline conduct of people who use our Platform. For the avoidance of doubt, this means, for example, that we are not responsible for the physical condition of any goods purchased using the Platform; and

(f) you will comply with all laws that apply to you and your use of the Platform.

15.2 We do not warrant that the use of the Platform will be uninterrupted or error free. The systems used for accessing the Platform can be unpredictable and may from time to time interfere with or prevent access to the Platform. We are not responsible for any such interference or prevention of your access to or use of the Platform.

16 Third Party Websites, Third Party Services and Integration Services

16.1 The Platform may contain links to other web sites or services controlled by third parties. You agree that we are not responsible for any act or omission of, or the content or privacy practices of websites or services that are controlled by third parties.

16.2 Links to websites or services controlled by third parties are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by us of the third party, or the products or services provided by the website or third party service provider.

16.3 You access the sites and/or use the products and services offered by third parties solely at your own risk and should make Your own enquiries before relying on any content contained in such websites.

16.4 You indemnify and release us from any claims that you may make against us in respect of the matters referred to in this clause howsoever arising including in contract, tort (including negligence), or otherwise including without limitation loss of an indirect or consequential nature.

17 Limitation of Liability

17.1 Except as required by law, we give no warranty regarding the Platform including, without limitation, in relation to whether the Platform will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability and fitness for purpose.

17.2 Notwithstanding the above and notwithstanding any other provision in the Platform Rules, we do not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia.

17.3 Where any condition, warranty or right is implied by law, or there is a statutory consumer guarantee that cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee to the extent permitted by law. In particular, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) the supply of our Platform services again; or

(b) the payment of the cost of having our Platform services supplied again.

17.4 Without limiting the foregoing, to the maximum extent permitted by law, we exclude all liability and responsibility to you in contract, tort (including negligence), or otherwise, for any loss (including without limitation loss of an indirect or consequential nature) or damage resulting, directly or indirectly, from any use of, or reliance on, the Platform and/or in respect of any goods and/or services acquired by you following your use of the Platform. Any reliance you place on, or any act done based on or in response to, the content of the Platform will be at your own risk. You indemnify and release us against any claim for loss or damage of any kind suffered by you or any other person as a result of your use or reliance, or the use or reliance on the Platform or its contents.

18 General Indemnity

You indemnify us and will keep us indemnified against all claims, costs, damage and losses (including legal costs and expenses) or liability arising from your breach of the Platform Rules or any obligation you may have to us, including (but not limited to) any costs relating to the recovery of any fees that are due but have not been paid by you, or to a breach of any of the warranties provided by you.

19 Termination

19.1 You may terminate this Agreement at any time through the Platform and we will immediately send a notice acknowledging termination.

19.2 If you cancel your account, any or all of your data and other information you have entered into the Platform may be deleted.

19.3 We reserve the right to suspend or terminate the Platform, your access to the Platform and to your data and to terminate our agreement with you at any time for any reason (or no reason).

19.4 Notwithstanding and without limiting the above, we may in our sole discretion terminate agreement with you and your use of the Platform, suspend for any definite or indefinite period of time your use of the Platform or suspend or terminate your access to all or any of your data by notice to you if:

(d) you have committed a breach of the Platform Rules that is capable of remedy (including without limitation non-payment of any fees) but have failed to remedy that breach within 7 days of receipt of notice requiring you to do so.

19.5 If our agreement with you or your access to the Platform is terminated or suspended, you must not access, browse or visit the Platform.

19.6 Termination of our agreement with you is in all cases without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.

20 Variation

20.1 We reserve the right to vary these Customer Terms, including our pricing, at any time. Your continued use of the Platform following a variation constitutes acceptance of that variation.

21 App-Specific Provisions

21.1 The provisions of this clause apply only to your use of any App.

21.2 By downloading and/or using our App, you agree that you have entered into an agreement with us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in this agreement.

21.3 By downloading the App from an App Network, Giffi grants you a non-transferable license to use the App on any iPhone, iPod touch or other relevant device that you own or control as permitted by the usage rules of the App Network and their terms of service.

21.4 The parties both acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.

21.5 In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.

21.6 The parties acknowledge that Giffi, and not Apple or Google, are responsible for addressing any of our claims relating to the App or your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.

21.7 The parties acknowledge that Giffi, and not Apple or Google, is responsible for any claim that the App infringes any third party intellectual property rights and that Giffi, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.

21.8 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

21.9 The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Customer Terms against you as a third party beneficiary of this agreement.

21.10 Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.

21.11 For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of this Agreement.

22 Survival

22.1 The limitations of liability and indemnities contained in these Customer Terms survive the expiry or termination of these Customer Terms.

23 General

23.1 These Customer Terms and the Platform Rules supersede and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and us relating to the Platform and the other matters dealt with in the Platform Rules.

23.2 A failure or delay by us to exercise a power or right under these Customer Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future exercise or the exercise of any power or right by or on behalf of us.

23.3 If a provision of the Platform Rules is declared or determined by any court to be void, invalid or unenforceable at law, that provision is hereby severed from and deemed not to be part of the agreement between us, and the remaining provisions will continue to apply with such deletions or modifications as necessary to make them valid, effective and enforceable. Removal of any provision will not affect the validity of what remains.

23.4 This Agreement are governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from this Agreement are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

23.5 You may not assign or transfer any rights to any other person without our prior written consent. Giffi may assign or transfer its rights and obligations under these Customer Terms on the provision of notice to you.

23.6 Any notice given under these Customer Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Us must be sent to admin@giffi.com.au] or to any other email address notified by email to you by us. Notices to you will be sent to the email address which you provided when setting up your access to the Platform.

The Platform may be accessed throughout Melbourne , Australia. Giffi makes no representations that the content or the services offered by the Platform complies with the laws of any jurisdiction outside [of Victoria,] Australia. If you access the Platform from outside [of Victoria,] Australia, you do so at your own risk and are responsible for complying with the laws in the place