Welcome to the giftclub.com.au ("Giftclub") web site. The following document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities and what you can expect from Giftclub. Please take a few minutes to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site.
Giftclub reserves the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes.
Submissions
We welcome your comments regarding this web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Giftclub shall be and remain the exclusive property of Giftclub. Your submission of any such Comments shall constitute an assignment to Giftclub of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Giftclub will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Communication from Giftclub
As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
Tell-A-Friend/Product-Review Messages
The Giftclub message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:
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The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Giftclub rule or policy.
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The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
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The impersonation of any person or entity in any part of a message.
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You are solely responsible for the content of your messages and Giftclub assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Giftclub guests or any third party. Giftclub reserves the right to purge the content you provide at any time.
Colours
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Giftclub makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
Indemnification
You must indemnify and hold Giftclub and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify Giftclub under this Section, Giftclub will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without giftclub's express written permission.
Limitation of Liability
In no event shall Giftclub or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.