Terms and Conditions
This website under the domain name webstore.egivv.com (the “Website”) is owned and operated by WAIVPAY LTD
Terms and Conditions for Online Sales
These Terms and Conditions form a contract between the customer (you) and WAIVPAY LTD ABN 29 630 927 105 (hereinafter “eGiVV”) and apply to the ordering, purchase, fulfilment and delivery of gift cards from this website webstore.egivv.com.
Please read these Terms and Conditions carefully before placing your order with eGiVV as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of gift cards, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Support Team and they will be happy to assist you.
The contact phone number for our Customer Support Team is 1300 764 721 or contact us via email: support@waivpay.com
Definitions
The following definitions are used in these Terms and Conditions.
Business Day: means a week day in which trading banks are open for the transaction of banking business in Sydney, NSW, Australia.
Delivery Address: means the address to which the Product are to be delivered as stated on the electronic order form on the Website.
Delivery Agent: means any nominated third party delivery or shipping company for eGiVV.
Delivery Fee: means the fees charged by the Delivery Agent of eGiVV for the delivery of Product.
GST: has the meaning provided by A New Tax System (Product and Services Tax) Act 1999 (Australia);
Law: means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order: means a request by you to purchase Product from eGiVV in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth)
Price: means the purchase price of each Product as specified on this Website in Australian dollars ($AUD).
Privacy Policy: means the eGiVV Privacy Policy found on the Website
Tax: means any product and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Terms and Conditions: means these terms and conditions, as amended from time to time.
Website: means webstore.egivv.com
Website Terms: means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
You or Your: means you as the purchaser of Product from eGiVV Online pursuant to these Terms and Conditions.
Gift Card Terms and Conditions
Gift cards are subject to our Gift Card Terms and Conditions, these are also available to read via our website.
Your DFO South Wharf Gift Card is valid for a period of 36 months and will expire 36 months after the date of issue printed on the back of your gift card. Any unused balance will not be refunded or credited when the gift card expires. No change will be given.
Gift Card Order Placement
You may place an Order through the Website by submitting the electronic order form on the Website. Gift Cards are only available for delivery within Australia using an Australian Credit Card.
An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase gift card/s for the Price as specified at the time you submit your order. That offer cannot be withdrawn by you without our prior consent.
In completing the electronic order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your order. This information will also be used by the delivery agent to fulfil your order. eGiVV will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver gift cards to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an order by you. Without limitation, if you provide inaccurate shipping details in an order, eGiVV is under no obligation to resend your order if it is shipped to the address provided in the order and not subsequently returned to eGiVV. You agree to obtain consent from the recipient of a gift when providing their personal details to eGiVV online.
You must check your order carefully prior to submitting your order with us. Once you submit your order, cancellations of your order or changes to your order may only be made by agreement unless otherwise required by law.
Where you place consecutive or separate orders, we cannot consolidate the orders into one. A separate Delivery Fee will apply to each order. You can order up to 20 gift cards in a single order and up to a total order value of $500. A minimum value of $10 and a maximum value of $500 can be loaded on each Gift Card.
You will be provided with an automatic order number upon submission of your order to the Website. The order number is required when contacting our Customer Support Team for identification purposes.
Gift Cards purchased online will activate 48 hours from the time we send Shipping Confirmation to your nominated e-mail address.
Payment
The price in respect of a product is specified on the website.
Prices are displayed in Australian Dollars
eGiVV online reserves the right to change or alter prices of product on the website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in the price.
eGiVV Online accepts the following payment methods:
Credit Card: Visa, MasterCard, American Express. You authorise eGiVV online to debit your nominated card at the time you submit your order. The name on the credit card used for the payment must match the name on the order. eGiVV Online accepts Australian Credit Card and Billing Address only. International Credit Card and billing Address are not accepted
In respect of any order, we will charge you and you agree to pay:
a) the Price (which is the price at the time the order is submitted in Australian Dollars and includes Gift Card load amount and any associated Card Fees); and
b) the Delivery Fee; and
c) 1.5% Surcharge for purchases using American Express (if applicable)
You acknowledge and agree that any payment in respect of an order must be cleared by eGiVV before the order will be dispatched. If your payment cannot be processed, your order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card.
In paying or attempting to pay for the product, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
eGiVV at times will need to verify your identity against the credit card used. In such cases you might need to provide us with an image of your ID that matches the name and address of the credit card used on your order AND matches the gift card delivery address.
If the delivery address is different to the one on your ID, a photo of yourself holding your ID will be requested for us to verify your identity. eGiVV uses this information to confirm that it's you and protect you from fraud.
You will receive an invoice by email once payment in respect of your order has been processed.
eGiVV uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
Delivery
eGiVV uses third party agents to deliver your order to the physical address advised by you in your order. You agree to your details including your delivery address being supplied to the delivery agent for the purpose of delivering your order. Gift Cards are only available for delivery within Australia. All Orders are sent Express Post via Australia Post to your nominated residential or business address. Australia Post are sub-contracted to us for carrying out delivery of Gift Cards ordered online. Any issues regarding delivery of Gift Cards should be referred to our Customer Service Team on
You should refer to the shipping options section of the website for the applicable delivery fee for the Gift Card/s purchased pursuant to your order.
Indicative delivery time frames are set out in the shipping options section of the website.
You acknowledge and agree that notwithstanding anything else stated on the website:
a) eGiVV cannot guarantee that delivery will occur in the stated delivery time frames;
b) delivery time frames may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, eGiVV is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Delivery of product will take place at the delivery address specified by you during the order process. You will need to submit separate orders for product where you require multiple delivery destinations.
If we are unable to deliver your gift card/s to the delivery address because there are restrictions on access to the delivery address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where your order has been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card to obtain your gift card/s purchased pursuant to the order.
Where you do not collect your gift card/s from the outlet specified on the calling card within 10 working days of a failed delivery, you must contact our Customer Support Team using the details provided at the start of these Terms and Conditions for further information with respect to claiming your order. If orders are required to be redelivered, you may be required to pay any associated additional fees for redelivery.
Upon delivery, you must inspect your order and check that the product/s delivered matches your order. If there is obvious damage to the Product due to transit, you must contact our Customer Support Team as soon as practicable using the details provided at the start of these Terms and Conditions to obtain a replacement Product or refund in accordance with our Returns Policy. If the Product are not as ordered, you may return the Product to us in accordance with the Returns Policy. If Product are missing from your Order, you may call our Customer Care Centre, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Product as soon as possible. Any Product replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
Compliance with Terms and Conditions
You agree to be bound by these Terms and Conditions when you submit an Order.
Each Order you submit will be a separate and binding agreement between you and eGiVV with respect to the supply of Gift Cards, in accordance with these Terms and Conditions
Acceptance and Rejection of Orders
eGiVV reserves the right to accept or reject your order for any reason at any time.
When we accept an order, it represents an agreement by eGiVV to supply you the Product in accordance with the order and these Terms and Conditions.
In the event that we reject an order, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the order. eGiVV will not be liable to you for your loss or that of any third party for the rejection of an order.
Where we reject an order and your payment for the Product has already been processed, we will refund any money paid to us in respect of that order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund.
If we are unable to contact you in relation to your order under these Terms and Conditions using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the order in accordance with this clause.
Risk and Title
Risk and title in the Product passes to you on the date and time of delivery of the Product to the Delivery Agent.
Order Cancellations and Returns
Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Product will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Gift Cards.
Product can only be returned under these Terms and Conditions.
Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Product to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. eGiVV is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. eGiVV is required to comply with all such credit card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
Website Terms
The eGiVV Website Terms form a part of these Terms and Conditions.
Warranties you make to eGiVV
You represent and warrant to eGiVV that:
a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to eGiVV;
b) any nominated representative receiving the Product on your behalf at the Delivery Address is duly authorised by you to do so;
c) in placing your Order, you have read and agree to these Terms and Conditions; and
d) in placing your Order, you have complied with all applicable Laws.
eGiVV's Liability To You
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, product will or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, eGiVV excludes all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including all statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
General
eGiVV reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with eGiVV Online with respect to that Order.
eGiVV Online may give notice to you by electronic mail. You may give notice to eGiVV Online by email to our Customer Support Team at support@egivv.com
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by eGiVV to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by eGiVV Online does not preclude its future exercise or the exercise of any power or right.
The laws of Sydney, Australia govern this agreement. Your transaction is deemed to have taken place in Alexandria, Sydney.
Privacy
Respecting your personal information is very important to us.
The eGiVV Privacy Policy forms part of these Terms and Conditions. The Privacy Policy sets out what personal information we collect, how we use it, who we may disclose it to and what your privacy choices are. Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with eGiVV’ Privacy Policy.
Security And Viruses
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
Limitation Of Liability
To the maximum extent permitted by law, eGiVV and its related companies and the directors, officers, employees, agents and contractors of those companies exclude all liability for any loss or damage (whether direct, indirect or consequential) including loss or damage arising out of negligence, which you may suffer as a result of using webstore.egivv.com.
Indemnity
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
Amendments
We reserve the right to change these Terms and Conditions at any time. The revised Terms and Conditions will be published on webstore.egivv.com. Any amendments will apply from the date the revised Terms and Conditions are published. If you do not agree to the amended Terms and Conditions, you must not place your order. Your continued use of eGiVV Online will constitute acceptance of any amended Terms and Conditions.
General
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.
Any failure by us to enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms and Conditions.
This document is governed by and is to be construed in accordance with the laws applicable in NSW, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in NSW and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
Website Terms of Use
These terms govern the use of webstore.egivv.com, ("this website"). By accessing, using, browsing, or contributing to this website and any other area of our website where you can post submissions or reviews or ask questions, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this website. These website Terms of Use (including where applicable, our Privacy Policy, Gift Card Terms and Conditions and our terms and conditions for the sale of Product on the eGiVV website) set out the entire agreement between you and eGiVV and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.
Disclaimer
The information contained on this website is provided by eGiVV in good faith. To the best of eGiVVs' knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current. eGiVV and its related bodies corporate, and their directors, officers, employees, and agents ("eGiVVs' Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
Limitation of Liability
Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of eGiVV or eGiVVs' Associates in connection with product or services supplied to you will, at the election of eGiVV, be limited to:
• In relation to product, the replacement or repair of the product, the supply of equivalent product, the payment of the cost of replacing or repairing the product or the payment of the cost of obtaining equivalent product; and
• In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded. Subject to any non-excludable liability (including under consumer laws), eGiVV will not otherwise be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of product or services supplied to you, or on your behalf, through this website.
Virus Warning
All care is taken to ensure that this website and data transmissions are free from viruses. However eGiVV cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release eGiVV entirely of all responsibility for any consequences of its use.
Use of Cookies
Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of this website.
This site may be accessed from Australia or overseas. eGiVV makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
Only you and eGiVV shall be entitled to enforce these website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these website terms, whether by virtue of legislation or otherwise.
Ownership of Submissions
Other than personal information which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to eGiVV on or through the website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of eGiVV once submitted. You must comply with the content standards for Submissions set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to eGiVV the rights set out in these terms in respect of your Submissions.
Social Networking Sites
These terms also govern any Submissions you make on any eGiVV related third party website or page such as our Facebook page, Twitter, Instagram or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of eGiVV or its employees and eGiVV is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites terms of use, as applicable.
Intellectual Property Rights
A disclosure, Submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to eGiVV of any intellectual property rights in the disclosure submission. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any eGiVV related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these terms. Any third-party advertising on eGiVV pages of third party social networking sites are not the responsibility of, or endorsed by, eGiVV. All rights, including copyright on eGiVV pages are owned by or licensed to eGiVV. Any use of any eGiVV social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of eGiVV. All worldwide rights reserved.
Electronic Communications
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.
Our commitment to Privacy
Your privacy is very important to us and we will always act to protect your personal information. We take this responsibility seriously and are very careful about how and when your personal information is collected, used and shared. This statement outlines what our commitment is, why we need to collect personal information, who we may share that personal information with and how you may request access to and correction of the personal information that we hold. This statement relates to personal information we collect through the Website.
What we collect
The type of personal information we collect is dependent on the type of service or interaction you wish to receive. Personal information we collect may include: your name, address, phone and other contact details (fax, email etc), date of birth, gender, merchandise information (purchases, orders etc), method of payment. Sometimes we will also collect other personal information, such as where you shop or what your interests are, so that we can improve our service and product offering to you. You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information, products, or services. We do not store your credit card details in any way; they are secured by SSL encryption and transmitted directly by you to our payment processing provider.
How we collect it
The personal information we collect is generally supplied directly by you through our Website. For example, the details you provide us when you place an order, open an account, subscribe to our emails, join a mailing list, enter a competition, submit an enquiry, or provide feedback to us. There are also certain situations in which we may collect personal information about you from someone else. For example we may collect information from third parties including public sources, our related companies, your organisation, your representatives and information service providers.
We also receive and store certain types of information through the use of 'Cookies', when you interact with eGiVV via the Internet. Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser. Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. We recommend that you leave your cookies enabled as they allow our systems to recognise your browser and provide quicker and easier use of our Website.
Why we collect it
We collect personal information for a number of reasons, including to: deliver, administer and improve the products and services that we offer you, complete other transactions with you or on your behalf, protect against fraud or theft, provide offers and promotions that we consider may be of interest or benefit to you, conduct market research, work with our related companies and service providers, maintain and update our records, protect and uphold the rights, property and safety of us, our customers and others, facilitate acquisitions and potential acquisitions of our business and assets and generally provide you with a premium customer experience.
Who we share it with
We may exchange your personal information with other companies who perform part of our service delivery or provide other support services to us, for example, organisations that assist us with postal, data processing and analysis, research, mail, promotional, customer contact, technology, banking, payment, debt collection and maintenance services. We may otherwise use or disclose your personal information with your consent (or if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure) or where required or authorised by law, which may include emergency situations and assisting law enforcement agencies.
Third Party Sites
This Website may contain links to other websites operated by third parties. Be aware that this privacy statement only applies to the personal information that we collect through this Website. We are not responsible for the collection, storage or usage of personal information at any such third party websites and you should review the privacy policy of any Website you visit.
Use of this Website outside Australia
eGiVV online is an Australian based website and this privacy statement governs the personal information collected at this Website irrespective of where you may be located when you visit the Website and interact with it. This means your personal information may be stored outside the country in which you are located and any government authorities which have jurisdiction over the Website may be entitled to access any personal information provided.