Terms & Conditions

 

Terms of Trade

  1. Agreement

    1. These terms and conditions (including these Terms of Trade, Website Terms of Use and Privacy Policy, altogether the “Terms”) are a legal agreement (the “Agreement”) between you (“you” and “your”) and MY BEST GIFT PTY LTD (ACN 607 312 023) (“My Best Gift” “we” or “us”) which applies to your use of My Best Gift website www.mybestgift.com.au (the “Website”) and the services ordered and purchased by you via the Website (“Service/s”).

    2.  You may contact us with any queries you may have in respect of these Terms via email at legal@mybestgift.com.au or via post c/- Level 2, Suite 9, 56 Bowman St, Pyrmont Point NSW 2009 Australia

    3.  Your access to the Website, registration as a member, or submission of an order to purchase the Services, shall constitute your unqualified acceptance of these Terms and the Agreement.

  2. Orders 

    1. When making an order to purchase the Services, you must follow the instructions on the Website as to how to make your order and for making changes to your prospective order before you submit.

    2.  Before you submit your order for the Service/s you wish to purchase, you understand and acknowledge that the seller/supplier of the Service/s (“Supplier”) is not My Best Gift and that if you wish to contact the Supplier to refer to any internal terms and conditions or policies they may have concerning the supply of the Services and any refunds, you can find out the terms and conditions of the Supplier upon request by contacting us at support@mybestgift.com.au.

    3.  My Best Gift is not an agent of the Supplier, but rather an intermediary set up to merely facilitate the transaction between you and the Supplier and accordingly we are not responsible for the quality of the Services supplied by the Supplier.

    4.  Irrespective of any previous advertised price, once you select the Services that you wish to order, you will then be shown or told the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in Australian Dollars.

    5.  The Services shall be paid for via accepted credit or debit cards or by PayPal, or by any other method specified by us from time to time in full at the time of ordering.

    6.  The Services shall not be supplied before we have received cleared funds.

    7.  You will receive a tax invoice and a voucher in the amount of the selected Service/s (“Voucher”) immediately following clearance of the relevant funds in full.

    8.  A Voucher is valid for 12 months from the date of purchase (“Validity Period”).

    9.   You cannot extend, pause, postpone or restart the Validity Period of the Voucher for any reason.

    10.  Once you have commenced the Services and/or redeemed your Voucher you cannot pause, postpone or restart the Services for any reason.

    11.  If a payment is declined, we will notify you immediately. However if you are unable to rectify the problem within 7 days from the date of this notification, your account will be temporarily suspended and any Voucher which may have already been issued will be invalid until a new payment method is provided. Once you have informed us that a new and working payment method has been provided, we will deduct the total payment amount outstanding. You acknowledge that despite any temporary suspension of the Voucher, the Validity Period will not be extended to compensate for any temporary suspension incurred as a result of insufficient funds or incorrect payment details.

    12.  We reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.

    13.  You warrant that all details you provide to us for the purpose of completing the order will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Services.

    14.  We reserve the right to obtain validation of your payment details before providing you with the Voucher.

    15.  We will not be held liable for any loss you incur arising from your use of any particular payment method unless caused by our fraud or the fraud of our employees.

    16.  We shall not be obliged to supply the Voucher to you until we have accepted your order.

    17.  Until such time as we accept your order, we reserve the right to refuse to process your order.

    18.  We may in our absolute discretion refuse to accept an order from you for any reason (including due to timing of placement of order or availability of supplies) or we may offer you a Voucher for an alternative Service/s (in which case we may require you to re-submit your order).

  3. The Services 

    1. If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact support@mybestgift.com.au immediately, however, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

    2.  We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure but if the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

    3.  All fees are non-refundable, except as otherwise expressly provided in these Terms.

  4. Delivery

    1. Once you receive a Voucher, it is your responsibility to redeem it through the Website during the Validity Period to make any relevant booking for the Service/s purchased through the Website.

    2.  Delivery of the Services to a third party nominated by you is deemed to be delivery to you for the purposes of this Agreement.

    3.  My Best Gift shall incur no liability whatsoever if the Voucher is lost or not redeemed within the Validity Period, nor will we be liable for any loss, liability, cost, damage, charge or any expense whatsoever incurred by you due to the Supplier’s failure to deliver the Service/s (or any part of them) promptly or at all.

    4.  Unless otherwise specified, all risk in the Services shall pass to you upon delivery of the Voucher and we will not be liable for loss or damage to the Voucher or loss or damage resulting from the delivery of the Services.

    5.  If you do not receive the Voucher ordered within 30 days of the date on which you ordered the Service/s, My Best Gift shall bear no liability to you unless you notify us by either email or telephone within 30 days of the date on which you ordered the Service/s.

  5. Force Majeure

    1. My Best Gift shall have no liability to you for any failure to deliver the Voucher or for the Supplier to deliver the Services you have ordered or any delay in doing so or for any damage that is caused by any event or circumstance beyond our or the Supplier’s reasonable control.

  6. Purchaser's Disclaimer

    1. It is your responsibility to ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.

    2.  We do not warrant that the Services will meet your individual requirements.

    3.  Notwithstanding the fact that you may be able to tailor some aspects of the Services to your needs, you expressly acknowledge that the Services are standard and not made bespoke to fit any particular requirements that you may have.

    4.  You acknowledge that participation in the Services assumes that the participant does not suffer from any health conditions.

    5.  If you suffer from a health condition, you must consult a health care or medical professional before commencing the Services and must conduct the remainder of the Services and/or any further usage of the Services under the guidance of a qualified health care or medical professional.

    6.  No information contained in the Website is to be used as medical advice and the Website and/or the Services are not intended to be used to diagnose, treat, cure, or prevent any medical condition.

    7.  Before relying on any information or recommendations on the Website and/or before purchasing a Voucher for any of the Services, you should carefully evaluate the accuracy, completeness and relevance of this information to you and your circumstances (including any pre-existing medical conditions and your state of health), and obtain appropriate advice from healthcare professionals wherever necessary.

    8. You acknowledge that you are solely responsible for following, or not following, the information on the Website or as part of the Services and that My Best Gift is not responsible for any injuries that you may suffer as a result of use of the Website and/or the Services.

    9.  To the extent we and/or the Supplier supplies any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any other civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death.

    10. Following this, you acknowledge that you voluntarily assume all risks associated with your participation in any recreational services and activities that we and/or the Supplier may provide.

    11. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; and the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

    12. To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of the Website or the Services or the information provided therein and we disclaim any and all liability in whatsoever arising from any action taken or reliance by you on any information available on the Website or the Services.

    13. You hereby disclaim any right to rescind, or cancel the Agreement or to sue for damages or to claim restitution arising out of any misrepresentation made to you by My Best Gift or any servant or agent of My Best Gift and you acknowledge that you use the Website and/or purchase the Services relying solely upon your own skill and judgement and (if applicable) that My Best Gift shall not be bound by nor responsible for any term, condition, representation or warranty in respect of the Services.

  7. Damage or defects

    1. Notwithstanding any of the above, if the Services of the Supplier are not of a nature, quality, state or condition which you made known to the Supplier or if the Services are not delivered with due care and skill, you may within seven (7) days of delivery of the Service/s notify us of any alleged defect, damage or failure in performance and/or failure to comply with the description of the Services.

    2. You shall provide us an opportunity to investigate the matter within a reasonable time following receipt of your notification given under 7(a) above.

    3. If you fail to comply with these provisions, the Services shall be conclusively presumed to have been provided with due care and skill, within a reasonable time and were fit for any specified purpose disclosed to either us or the Supplier.

    4. For the Service/s which fail to meet the consumer guarantees under the Competition and Consumer Act 2010 Cth, My Best Gift's liability is limited in our absolute discretion to either crediting the costs of the Voucher for the Service/s or issuing you with a new Voucher for either the same or different Service/s, provided that:

    5. you have complied with the provisions of this clause 7;

    6. Your failure or inability to provide any relevant documentation required by us to assist in our investigation of the matter under clause 7(b) may entitle us to refuse any refund, replacement or repairs in our absolute discretion.

    7. To the extent permitted by law, our total liability in respect of all claims in connection with this Agreement for any cause will be the total sum of all fees paid or payable by you under this Agreement up until and including the date the cause of action accrued.

    8. Nothing in these Terms affects any statutory rights you might have as a consumer under applicable local law that may not be excluded.

       

  8. Rights to refund for the Services 

    1. Refunds for purchases of the Services are only given under extenuating circumstances.

    2. If you believe you should be granted a refund, you can write to us at legal@mybestgift.com.au with an explanation of your circumstances for our review.

    3. If agreed by us in our absolute discretion, we may provide you with a refund for any portion of the Services which you have paid for but are unable to use.

    4. When a refund is made you will no longer have access to My Best Gift or the Services.

Website Terms of Use

  1. Agreement
    1. By accessing the Website, registering, or placing an order for the Services, you are also deemed to agree to and to accept the following terms of use for the Website.

    2. If you do not agree to these Terms you should cease using the Website immediately.

  2. Registration
    1. Upon registration, you will be provided with a username, password and account.

    2. Your account is personal to you, and you must not disclose your password to any other person, nor allow any other person to use your account and password.

    3. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account (including any purchases made through your account) is deemed to be access or use by you, and that you shall be liable for the consequences of any such use.

  3. Privacy Policy
    1. My Best Gift is committed to protecting your privacy.

    2. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

    3. Throughout the registration process you may be required to give us certain personal information and/or sensitive personal information as defined in the Privacy Act 1988, including (but not limited to) information about your name, address, telephone number, date of birth, bank account details, health, age, height and weight.

    4. You consent to your personal (and if applicable) sensitive information being used for the purpose of us delivering our services and the Supplier supplying the Services to you, and otherwise the reasons set out in our Privacy Policy. 

  4. Use of the Website
    1. As a user of the Website, you are specifically prohibited from:

      1. downloading, copying, distributing or re-transmitting any part of the Website or any content on the Website (“Site Content”) without the written license or agreement of My Best Gift;

      2. bypassing (or attempt to bypass) any security mechanisms imposed by the Website;

      3. using any data mining, robots or similar data gathering or extraction methods on any part of the Website or the Site Content;

      4. altering, adapting, modifying or manipulating any part of the Website or the Site Content, or manipulating or otherwise displaying the Website or the Site Content by using framing or similar navigational technology;

      5. posting or transmitting or permitting the posting or transmission of any material which contains a computer virus or other harmful data, code or material;

        1. exploiting the Website, the Services or Site Content for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person, including:
        2. the posting of advertisements, solicitations, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests;
        3. sale of access to the Services or Website or its related services on another website;
      6. any use of the Website or its related services that we find, in our sole discretion, to use our resources or Site Content with the effect of competing with or displacing the market for My Best Gift or Site Content;

      7. providing access or links to any material from the Website to individuals other than yourself;

      8. providing access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person;

      9. deleting or altering or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in the Website, the Services  or Site Content;

      10. harvesting or collecting email addresses, photographs or personal information of other users;

      11. impersonating any person or entity, or posting or transmitting false or misleading material or make any form of misleading or deceptive representation;

      12. posting any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; or

      13. posting or transmitting any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encouraging any other person to do so.

    2.  You hereby represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, trade mark, copyright and intellectual property laws, the laws of privacy and publicity, applicable communications regulations and statutes those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
  5. User Generated Content
    1. We may from time to time allow you to upload materials or post information, photos, content, and other user submissions to the Website (“User Content”) and may also allow you to see User Content submitted by other persons.

    2. The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (“Privacy Controls”).

    3. Whilst we will use our best endeavours to ensure that the Website properly implements the Privacy Controls that you select, we do not warrant or guarantee that the implementation is error free.

    4. To the extent permitted by law, we disclaim all liability for any loss or damage arising as a result of or in connection with any malfunction in the Privacy Controls selected by you resulting in the unintentional disclosure of your User Content.

    5. You acknowledge and agree that in posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:

      1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;

      2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to My Best Gift to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine;

      3. you warrant that your User Content (and the licence granted pursuant to this Term) do not infringe the rights of any person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause; and

    6.  

      you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;

    7. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to My Best Gift to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine;

    8. you warrant that your User Content (and the licence granted pursuant to this Term) do not infringe the rights of any person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause; and

    9. to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content, and waive any moral rights you may have.

    10. We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason.

    11. We accept no responsibility or liability for any User Content.

    12. You acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content and you are solely responsible for verifying the veracity of any claims or statements made in any User Content.

    13. You acknowledge that your User Content will be displayed on the Website, and other users may use, view and download your User Content.

    14. We are not responsible for how other users will use your User Content.

    15. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.

    16. Some User Content may refer to events or activities that are organised by other users of the Website.

    17. We are not responsible for organising these events and activities, and do not authorise or endorse them and you are solely responsible for determining whether to participate in these events and activities, at your own risk.

  6. Intellectual Property Rights 
    1. Unless otherwise indicated and except for any functionalities provided by external websites, all Site Content and all other material included on the Website and the Services  (such as, but not limited to content, materials, recipes, exercise and eating programs, text, graphics, logos, icons, images, audio and video clips, sound recordings, digital downloads, data compilations, software and advertisements) are either the property of My Best Gift, its content suppliers or Suppliers and are protected by international laws of copyright, trade dress, moral rights, trade mark and other laws relating to the protection of intellectual property.

    2. All names, logos and trade marks on this Website are the property of their respective owners.

    3. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

    4. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes.

    5. The term of the licence granted under 6(d) is for the life of your active user account to access the Services on the Website and will automatically expire upon termination or cancellation of either the Services and/or your user account.

    6. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written consent of My Best Gift.

    7. If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, you may file a notification of such infringement with us at legal@mybestgift.com.au.

  7. Termination Policy
    1. My Best Gift reserves the right, in its sole discretion to restrict, suspend, or terminate Users’ access to all or any part of the Website and/or Site Content at any time, for any or no reason, with or without prior notice, and without liability.  We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms.

  8. Disclaimers
    1. Links:
      1. The Website may contain links to other websites.

      2. My Best Gift is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by My Best Gift.

      3. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by My Best Gift.

      4. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

    2. Third Party Sites:

      1. When you access these third-party sites, you do so at your own risk.

      2. My Best Gift takes no responsibility for third party advertisements which are posted on this Website or through My Best Gift services, nor does it take any responsibility for the goods or services provided by its advertisers.

    3. Technical Issues
      1. My Best Gift is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Services and/or any of My Best Gift services or combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services.

      2. We disclaim all liability for any The Services that cannot be delivered due to technological malfunctions beyond our reasonable control.

    4. Territory:

      1. The Website is controlled and offered by My Best Gift from its facilities in Australia.

      2. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  9. Limitation on Liability & Indemnity
    1. In no event shall My Best Gift be liable to you or any third party for any loss, damage or claim in connection with their use of the Website, even if My Best Gift has been advised of the possibility of such.

    2. In the event of any breach of this Agreement by My Best Gift the remedies to you shall be limited to damages.

    3. Under no circumstances shall the liability of My Best Gift exceed the price of the relevant Services paid by you.

    4. You agree to indemnify and hold My Best Gift, its subsidiaries, and affiliates, and their respective officers, agents, advisers, representatives, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our services and/or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

    5. My Best Gift shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach of this Agreement.

  10. Consent
    1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

    2. By accessing the Website and/or ordering the Services, the parent/guardian of users under the age of 18 (“Minors”) agrees that they have read and consent to these Terms.

    3. Parents/guardians may be required by My Best Gift to enter into a further agreement as evidence of consent to the Minor entering this Agreement.

    4. Both the Minor and his or her parent/guardian acknowledge and confirm that the Minor understands the nature of his or her rights and obligations under this Agreement, that the Minor’s commitment to this Agreement is for his or her benefit, and that these Terms shall be binding as a result.  

  11. General
    1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My Best Gift without restriction.

    2. This Agreement constitutes the entire agreement between you and My Best Gift regarding the use of the Website and our services and the Services.

    3. The failure of My Best Gift to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

    4. If any provision of this Agreement or shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

    5. My Best Gift takes no responsibility for changes in the law which affect the Services supplied.

    6. My Best Gift reserves the right to amend these Terms from time to time and your continued use of the Website, access to your account, or subsequent purchase of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

    7. You agree that any cause of action must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

    8.  Any indemnity under this Agreement is independent and survives termination of this Agreement and any other term which by its nature is intended to survive termination of this Agreement survives termination of this Agreement.

    9. This Agreement and all transactions undertaken through the Website are governed by the laws of NSW and any legal actions arising out of such transactions shall be under the jurisdiction of the courts of NSW.

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