Terms of Service

Service and Acceptance

These Terms of Service apply to all users of the Gifted App and app-gifted.com website, later referred as "Gifted Service". Athenee Solutions Pty Ltd, the owner and operator of the Gifted Service will be referred to as "Gifted Service Provider". The Gifted App and website may contain links to third party websites that are not owned or controlled by Gifted Service Provider. Gifted Service Provider has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Gifted Service Provider will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Gifted Service Provider shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND GIFTED'S PRIVACY POLICY, WHICH CAN BE FOUND AThttps://app-gifted.com/legal/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you may not use the Service.

Access

Subject to your compliance with these Terms of Service, Gifted Service Provider hereby grants you a non-exclusive, non-transferable licence to download, install and Use the App on Your mobile device. This licence is in respect of Your Use of the App only, provided that: (i) your use of the Service as permitted is solely for your personal, non-commercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Gifted Service Provider's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

• In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Gifted App and Gifted Service Provider with your Gift Card number. When providing your Gift Card number and pin, you must provide accurate and complete information. You may never use another person's Gift Card number and pin without their consent for the Service.
• We will use our reasonable endeavours to make the App available to You at all times, but We cannot guarantee an uninterrupted or fault free service.
• We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features, and functionalities of the App.
• You acknowledge You will not be able to access and Use certain functionalities of the App unless You have internet access through a GPRS, 4G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the Use of the App are subject to Your agreed terms with your mobile network provider.
• Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable your access to the App at any time without notice to You in the event you breach any of the provisions herein.
• In the event that We, in Our sole discretion, considers that you are making any illegal and/or unauthorised use of the App, and/or your Use of the App is in breach of these Terms, We reserve the right to take any action that it deems necessary, including terminating without notice Your Use of the App and, in the case of illegal use, instigating legal proceedings.
• We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without notice to You.

Gift Cards

Gift Cards that you register through our Services are issued by third-party merchants (“Merchants”). Your purchase of each Gift Card is governed by certain terms and conditions established by the issuing Merchant in addition to these Terms. Merchants set expiration dates for Gift Cards in addition to other restrictions and requirements. Please review all applicable Merchants’ terms and conditions prior to the purchase of any Gift Card. If you have questions relating to the applicable Merchant terms, please contact the issuing Merchant. As the issuers of Gift Cards, Merchants (and not Gifted Service Provider) are fully responsible for all aspects of their Gift Card programs. Merchants are responsible for all liabilities and costs suffered by you or any other party caused – directly or indirectly – by the Merchant or their products or services. We have no obligation to resolve any dispute between you and any Merchant. Gifted Service Provider holds no liability for the sale of products or services provided to you by a Merchant. In purchasing a Gift Card from an issuing Merchant, you waive and release Gifted Service Provider and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Merchant. Following the purchase of a Gift Card, Gifted Service Provider shall not be responsible or liable to you in the event a Merchant discontinues its Gift Cards or is unable to or refuses to redeem a Gift Card (including for reasons of their insolvency, external administration or forced closure).

Your Digital Wallet

Gifted App automatically creates a digital wallet which is bound to your mobile device. This is where all your Gift Cards are stored and where you can check balances of and manage your Gift Cards.

You are responsible to enter the correct value amount of the Gift Cards. Notwithstanding anything stated to the contrary, balances of Gift Cards may only be accessible or viewed if you manually enter all transactions in the app. Gifted App does not warrant the accuracy of the balance of the Gift Cards in your wallet. Gifted App does not warrant the accuracy of the expiry date of the Gift Cards. You are responsible to enter the correct activation date and validity of the Gift Card. Gifted App sends notifications based on the date you enter.

You are responsible to delete or archive the information related to your Gift Cards. Gifted App is a convenience App that helps you manage your Gift Cards. Gifted Service Provider can't be held responsible for the loss of information associated with your Gift Cards. The information associated with your Gift Cards are stored locally on your device, and not shared with us.

Security

All Gifted App account holders should use PIN or password security on their mobile devices. By default, the access to the Gifted App is protected by a privacy screen available on the mobile device (biometric or passcode). While the privacy screen protection can be disabled by the user, it is absolutely not recommended to disable it. It will help to ensure you are protected against many forms of risk associated with Gift Cards, such as a mobile device lost or stolen. Should your mobile device be lost or stolen, Gifted Service Provider can't protect your Gift Cards beyond the security measures described above, and you need to contact your gift card provider.

For the protection of your Gift Card balances, Gifted Service Provider:

• Operate a secure Website and App;
• Do not hold any financial information.

Links to Third Party Websites and Services

We are not responsible for the privacy or other practices of links to third-party websites that are not owned or controlled by Gifted Service Provider. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit whether this has occurred via the Gifted Service Provider website or App or otherwise. Gifted Service Provider can provide links to third-party websites, apps, mobile services or other third-party services and may also display, link to or make available third-party content, data, information, events, apps or materials (including social media) (“Third-Party Services”) on or via the Service. This does not indicate that Gifted Service Provider endorses, controls or makes warranties or representations of any kind in relation to those Third-Party Services. All users are deemed to accept and understand that access to any Third-Party Services is entirely at their own risk. Gifted Service Provider takes no responsibility for any legal issues or otherwise that may result from your use of the Third-Party Services, nor the loss, damage or harm that may be incurred as a result of your use of the Third-Party Services. Your access to these services is not governed by the Terms or Gifted Service Provider other terms and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for Third-Party Services are solely between you and the Third-Party Service provider and not Gifted Service Provider.

Intellectual Property and Limited Licence

Unless otherwise indicated, the Services and all content and other materials are the proprietary property of Gifted Service Provider or our licensors or users and are protected by the Australian intellectual property legislation and the common law.

Gifted Service Provider grants you a limited, non-exclusive licence to access and use the Services and any content made available by Gifted Service Provider only for the purpose of managing Gift Cards or receiving other services under these Terms. The license is subject to these Terms and you are not permitted to:

• Sell, rent, lease, lend, redistribute, sublicence or make commercial use of the Services or the Gifted Service Provider Content;
• Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or Gifted Service Provider Content;
• Modify, alter or otherwise make any derivative uses of the Service or the Gifted Service Provider Content, or any portion thereof;
• Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or Gifted Service Provider Content;
• Use any data mining, robots or similar data gathering or extraction methods;
• Download (other than page caching) any portion of the Services or the Gifted Service Provider Content, except as expressly permitted via the Services; and
• Use the Services or the Gifted Service Provider Content other than for their intended purposes or contrary to law.

Any use of the Services or the Gifted Service Provider Content other than what is specifically referred to in these Terms of Service is prohibited and any licence granted will be terminated. Unauthorised use may also breach intellectual property laws and intellectual property rights. The licence is revocable at any time.

User Conduct

You are solely responsible for your conduct and the conduct of anyone who uses the Gifted App installed on your device and your account with respect to the Service, and you agree that you will not permit anyone using your account to conduct any of the following in connection with the Services:

• Use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Service or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms;
• Flag content or report abuse for improper purposes or without good reason;
• Use the Service for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity;
• Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
• Create an account, post or upload any content if the person is not over 13 years of age;
• Use or attempt to use another user's account without their authorisation or Gifted Service Provider;
• Modify, adapt, hack or emulate the Services;
• Use any interface not provided by us to access the Services or to extract data;
• Develop any third-party applications that interact with User Content or the Services without our prior consent;
• Avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
• Infringe upon/violate the rights of Gifted Service Provider, our users or any third-party.

Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with Gifted Service Provider. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.

Liability Disclaimer

Access to the website and App and use of any information contained on it, in connection with the access to or use of the website and App is at the user's sole risk. In no event will Gifted Service Provider be liable to you or to any third party for any injury, loss, claim, damage, or any incidental or consequential damages (including but not limited to lost profits or savings) arising out of or in any way connected with the use of this website.

Warranties and Liabilities

We provides Users with access to the App free of charge and, to the maximum extent permitted by law, We shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by Use of the App or the Content, or by any failure, delay, interruption or otherwise of the provision of the App or the Content, or by Our failure to perform any of Our obligations under these Terms. The Content is provided to Us by third parties and We do not guarantee that the gift card numbers, promotions, coupons, information and advice are accurate or valid.

In no event shall We be liable to You for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.

To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations, and liabilities in connection with the App, and the information provided therein.

Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and we do not necessarily endorse the views expressed within them.

Applicable Law

Gifted Service Provider is based in Australia and our Service is subject to Australian legislation. We make no warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations or other applicable terms or policies of Gifted Service Provider. The laws of the state of New South Wales and Australia govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the State and Federal courts located in Sydney, New South Wales, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.

Indemnity

You agree to defend, indemnify and hold harmless Gifted Service Provider, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Gifted Service Provider Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Service and your use of the Gifted Service Provider Service.

Contact

Should you have any questions or concerns regarding these terms of use of the website and App, or require assistance, please contact us at legal@app-gifted.com.