Terms & Conditions

PerfectGifting Pty Ltd ACN 143 802 868 (we, us, our) provides access to PerfectGifting platform through our website at www.perfectgifting.com.au (Website), which allows you as the user to identify your preferred gifts and information incidental to gifts for example, your preferred clothing and shoe sizes (Preferences), to establish profiles for yourself and your family containing these Preferences, and to request, and if the request is accepted, view your family and friends profiles containing their Preferences (collectively, the Services).

These Terms and Conditions (Terms and Conditions), the Privacy Policy, and all other polices posted on our Website contain the terms on which we offer you access and use of the Services.

Important considerations

1.1 Age

You warrant that you are 13 years or over, or otherwise have the consent of your parent or legal guardian to use the Website and Service.

1.2 Consenting to Terms and Conditions and Privacy Policy

By creating a user account and accessing the Services, you agree to comply with the Terms and Conditions, the Privacy Policy and any policies incorporated into these Terms and Conditions.

If you do not wish to be bound by these Terms and Conditions you must discontinue accessing, browsing, and using the Services.

1.3 Use as a representative

If you are using the Services on behalf of a company or other entity, you agree that these Terms and Conditions are binding on you and the entity you represent and you warrant that you are authorised to agree to these Terms and Conditions on behalf of the company or other entity.

1.4 Updating the Terms and Conditions and Privacy Policy

We may amend these Terms and Conditions and the Privacy Policy from time to time. We will advise you of any changes to the Terms and Conditions and the Privacy Policy by posting an updated version of the Terms and Conditions and the Privacy Policy.

It is your responsibility to review these Terms and Conditions and the Privacy Policy whenever you access the Services.

If changes are made to the Terms and Conditions or the Privacy Policy, your continued use of the Services after such changes are made signifies your acceptance and agreement to be bound by the updated Terms and Conditions and/or the Privacy Policy as the case may be.
User Account

2.1 Requirement

You must register an account with us to access the Services. The email address you use to register the account will be your email address.

We may allow for you to create the user account for the Services using a third-party service (e.g. Google or Facebook) and where this occurs you give us permission to access, store and use your information form that service as permitted by that service.

2.2 Account security

You are responsible for maintaining the confidentiality of your password and account information and for all conduct carried out under this account.

We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these requirements.

2.3 Compromised account

If you believe your account has been compromised please contact us at help@perfectgifting.com.au.

2.4 Account deletion

You may delete your user account at any time, provided:

(a) all fees associated with your user account are paid; and

(b) any outstanding matters relating to your account are resolved.

To delete your user account please contact us at help@perfectgifting.com.au.

Your account may be deleted if you are under 13 years of age and are operating a user account without the consent of your parent or legal guardian.

2.5 Reporting an underage child account

To report an underage child account please contact us at help@perfectgifting.com.au.

If you report an underage child account operating without your consent and the child's age is reasonably varifiable as under 13 years, we will delete the account.

If the reported child's age is not reasonably varifiable as under 13 years, then we may not be able to take action on the account.
Using the Services

3.1 Your conduct and compliance

You are responsible for complying with these Terms and Conditions including all policies and relevant laws, regulations and by-laws relating to your conduct.

You are responsible for your conduct when using the Services, other users’ reliance on the content you post via the Services and any contractual arrangements you have entered into as a result of using the Services.

3.2 Your content responsibility

You are solely responsible for all the information you provide while using the Services, other user's reliance on the content you have posted while using the Services and any consequences that may result from the information you have provided and the sharing of that information.

As a platform provider, we have no responsibility for your or other users’ content provided while using the Services, or the accuracy or truth of any information you have provided.

You accept that we are not under any obligation to monitor any data or content which is submitted to or made available through the Services.

3.3 Your obligations

You agree that in using the Services you will not do any of the following:

(a) infringe any laws;

(b) post or transmit to, from or through the Services content which infringes a third party’s rights, is misleading or deceptive, is false or otherwise inaccurate, is unlawful, is threatening, is defamatory, is obscene, is scandalous, is inflammatory, is pornographic, profane or which constitutes spam, pyramid schemes, chain letters or unsolicited or bulk electronic communications;

(c) collect information about other users without their consent;

(d) copy, modify or distribute any third party's content without their consent;

(e) copy or distribute the Services or modify content on the available through the Services, including our trade marks and copyright;

(f) adapt, reproduce, publish, store, distribute, print, display, translate, reverse engineer, disassemble, transmit or publish any of our content available through the Services except as permitted by the Copyright Act 1968 (Cth);

(g) include any of our content available through the Services in any derivative works;

(h) not remove, obscure or alter any copyright notice or trade mark on any content that you access and use;

(i) use any of our trade marks;

(j) impose an unreasonable load on our infrastructure or interfere with the working of the Services;

(k) distribute viruses or other technologies that may harm the Services or users;

(l) use any scraping or harvesting software or any other automated means to access the Services and collect content;

(m) bypass or attempt to bypass any measures we have in place to prevent or restrict access to the Services;

(n) hinder or interfere or attempt to hinder or interfere with the operation of the Services;

(o) take any action to circumvent payment of our subscription fees;

(p) breach these Terms and Conditions, or any other policies incorporated into these Terms and Conditions.

3.4 Right to use your content

You grant us a non-exclusive, irrevocable, worldwide, fee-free, perpetual licence to use, reproduce, modify, adapt, disclose, publish, store, distribute, print, display, perform, translate, communicate, transmit or otherwise use, all content you post on or through the Services.

In making the content available on or through the Services, you waive all moral rights in the content you have posted or made available as that term is defined in the Copyright Act 1968 (Cth) and you warrant that you have the right to grant the rights under this clause.
Subscription

The features you have access to when using the Service and the functionality of your user account will depend on which subscription option you have selected when you have established a user account.

You may at any time after selecting your subscription option, alter your subscription option by emailing us at subscriptions@perfectgifting.com.au.
Subscription Fee

5.1 Subscription Fee

We charge a non-refundable fee for each month you have a user account to use the Services, commencing at the date you create your user account (Subscription Fee).

You agree to pay the Subscription Fee when you create a user account to use the Services.

The value of the Subscription Fee will be displayed at the time you create your user account and unless we advise otherwise is in Australian dollars and excludes Goods and Services Tax.

The Subscription Fees are subject to change. Any changes to our fees will be identified to you via the Services or by email to you.

5.2 Payment

You are responsible for paying your Subscription Fees when they are due, and failure to pay an outstanding Subscription Fees may result in your access to the Services being restricted or terminated, or the Subscription Fees being collected through collection methods including through third party debt collection services.

Where you change your Subscription Option, the value of the next Subscription Fee you are required to pay will be the new, applicable Subscription Fee for that Subscription Option.
Promotions

From time to time we may run promotions on or through the Services. These promotions are subject to these Terms and Conditions and any additional terms we advise you of which are specific to that promotion.
Our content

The content available on or through the Services is subject to change without notice.

All intellectual property rights in the content available on or through the Services (including text, graphics, photographs, icons and software) is owned by us or lawfully used by us and is protected by copyright law.
Limiting or restricting use of the Services

Without limiting our rights and remedies pursuant to these Terms and Conditions, or at law, or in equity, we may suspend, terminate or otherwise limit your use of the Services, including any user account or linked account(s) you establish to access the Services, delay posting your content to the Services, or remove, delete, modify or not display your content on or through the Services, and take appropriate legal and technical steps to keep you off the Services where we have reason to believe that you are not complying with these Terms and Conditions or are creating liability relating to the Website or Service.
Social media

We may use social media, including Facebook and Instagram. All content on our social media pages is subject to the terms of use of each social media provider. In accessing and interacting with our social media pages you agree to be bound by the terms of use that apply to those pages.

You acknowledge that the posts, comments and statements posted to our social media pages may come from other users, and may not be endorsed by us and may not represent our views.
Linked Websites

The Services may contain links to third party websites (Linked Websites).

We are not responsible for content or privacy practices of any Linked Websites and do not control, guarantee or provide any warranties regarding the accuracy, relevance, timeliness, completeness or suitability of any information on a Linked Website, that the Linked Website is free of viruses or bugs, that your access to a Linked Website will be uninterrupted, timely or secure, that the hyperlinks to the Linked Websites will remain current or be maintained or that the Linked Website contains material or content which does not breach the law or breach any third party intellectual property rights.

The provision of any Linked Website is not an endorsement, approval or recommendation by us of the owners, operators, content, goods or services referred to or contained on a Linked Website.

Your access and use of Linked Websites is subject to the terms and conditions of those websites. You should exercise caution when visiting Linked Websites and check the terms and conditions of each website prior to use.
Security of information

We are unable to control the operation and security of the internet and third party networks, facilities and services. You assume all risk and liability of your use of the internet and any third party networks, facilities and services, including any access to and use of the Services.

We do not warrant and cannot ensure the security of any information which you transmit to us. Any information you transmit to us is transmitted at your own risk.
Use of technology

12.1 We may use cookies and technology in the provision of the Services. Please see our Privacy Policy for further information on the technology used.
Disclaimer and limitation of liability

You access and use the Services at your own risk. We make no guarantee that the Services will operate continuously, securely, error free or in a timely manner, or that the Services are free of bugs, viruses, interference or harmful applications. We have no liability for any user’s conduct when using the Services, including a user’s breach of relevant legislation.

To the fullest extent permitted, we exclude all implied warranties, terms and conditions, and we are not liable for any damages, including monetary damages, damages to goodwill or reputation, or damages which are consequential, indirect or special and which relate to your use of the Services or any inability you have to use the Services.

Where we cannot limit the remedies available for the Services, we expressly limit our liability for breach of a non-excludable statutory guarantee to the supply of the Services again, paying the cost of having the Services supplied again or the subscription fee you have paid to us for the Services for the last six months, whichever is less.
Release

You release us, and our officers, directors, employees, agents, subsidiaries and joint venturers from claims, demands, and actual or consequential damages of every kind, type and nature, known and unknown which arise out of or are in any way connected with the Services or a dispute you have with one or more users of the Services.
Indemnity

You indemnify us, and our officers, directors, employees, agents, subsidiaries and joint venturers against any claims or demands (including legal fees and costs), which are made against us by any third party which arise out of or due to your breach of these Terms and Conditions, or which result from your infringement of any applicable law or any applicable rights of a third party while using the Services.
No agency

We do not provide the Services as an agent and we are not an agent for any person or entity using the Services.
Waiver

None of these Terms and Conditions will be taken to be waived except by signed, written notice.
Severability

If any provision in these Terms and Conditions is or becomes illegal, unenforceable or invalid in any jurisdiction, that provision will be severed in the relevant jurisdiction, and the remaining provisions in the Terms and Conditions will remain in force.
Governing law

These Terms and Conditions are governed by the laws of the State of Queensland in Australia, which will have exclusive jurisdiction over any disputes relating to these Terms and Conditions, and you submit to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia and any courts which may hear appeals from those courts.
Enquiries

If you have any questions about these Terms and Conditions please contact help@perfectgifting.com.au.