Gifticon Terms And Conditions
Gifticon Business Portal
1. Terms and Conditions
1.1. These terms and conditions (Terms) apply to all use of the Gifticon Application (the App) and/or the Gifticon website (the Website) by you, or by any entity or organisation on whose behalf you use the App (together, Users and each a User).
1.2. The Website and the App, and the services and fu
2. The App
2.1. The App is made available by Global Adme Limited (New Zealand Company Number 7262196) (Gifticon), who can be contacted at email@example.com.
2.2. By downloading or installing the App, all Users confirm that they have read, understood, accept and agree to be legally bound by these Terms.
2.3. Users may only use the App strictly in accordance with these Terms.
2.4. All rights not expressly granted to Users in these Terms are expressly reserved by Gifticon.
3. Amendments and Functionality Changes
3.1. Gifticon expressly reserves the right to amend or update these Terms at any time at its sole discretion (Amendments), provided that it must give notice to Users via its Website or the App where an amendment or update has occurred.
3.2. Gifticon may also add new features or functionality to, or change or remove existing features or functionality from, the App that will be subject to the Terms (Functionality Changes).
3.3. Any User who continues to use the App will be deemed to have agreed to all Amendments and Functionality Changes.
4. Merchants and Users
4.1. In these Terms, any User that uses (or is using) the App in order to receive payments for goods and/ or services from other Users are referred to herein as Merchants. As the context requires, a User will mean the User that receives the relevant goods and/or services from the relevant Merchant.
4.2. Upon downloading the App and providing the information required by Gifticon, Merchants will be able to receive payments from Users via Gifticon for certain goods and/or services being sold by Merchants.
4.3. Gifticon hereby grants to each User a personal, limited, worldwide, non-exclusive, revocable, nontransferable and non-assignable licence to download, install and use the App on each User's own device(s) strictly in accordance with these Terms. 4.4. Gifticon may (at its sole discretion) release new versions of the App from time to time, and require all Users and Merchants to download and use the latest version of the App.
4.5. Users and Merchants must not (and must not attempt to) copy, reproduce, modify, adapt, reverseengineer or decompile the App in any way.
4.6. Users and Merchants agree to only use the Services in a way that complies with all applicable laws and regulations, that does not infringe Gifticon’s rights or others' rights, and that does not inhibit or restrict other Merchants’ and Users’ enjoyment of the Services
5. User account information
5.1. In order to be able to make payments for goods and services via the App, Users will need to provide certain information about themselves (as prompted by the Website and/or the App) (User Account Information).
5.2. All Users agree to provide true, accurate and current User Account Information.
5.3. All Users grant a non-exclusive, worldwide, royalty-free licence to Gifticon to use such User Account Information solely for the purposes of supplying the services provided by the App, including disclosing such User Account Information to third parties as necessary (for example, disclosing limited User Account Information to Merchants at the time of a purchase, or verifying a User's account information with their credit card company or bank).
6. Merchant account information
6.1. Merchants will be required to provide certain information to Gifticon about themselves (as prompted by the Website and/or the App) (Merchant Account Information).
6.2. All Merchants agree to provide true, accurate and current Merchant Account Information.
6.3. Merchants grant a non-exclusive, worldwide, royalty-free licence to Gifticon to use such Merchant Account Information solely for the purposes of supplying the services provided by the App, including disclosing such Merchant Account Information to third parties as necessary.
7.1. Gifitcon will provide each Merchant with 01 iPad for the purposes of using the App and the Services (a Tablet).
7.2. If the Merchant requires any additional scanner(s) they will be provided free of cost.
7.3. Upon the termination of the Services, the Merchant must promptly return all provided free tablet(s) to Gifticon in a useable condition and free from damages and defects.
8. Cancellation of Accounts
8.1. Users are entitled to cancel their account with Gifticon at any time by deleting the App on their relevant device.
8.2. Merchants are entitled to cancel their account at any time by giving not less than 30 days prior notice in writing of termination to Gifticon.
8.3. Gifticon may (at its sole discretion) cancel a User's account at any time, unless such User is a Merchant, in which case Gifticon shall give the relevant Merchant not less than 30 days prior notice in writing of termination.
8.4. Notwithstanding the foregoing, Gifticon may, in its sole discretion, elect to withdraw or discontinue the provision, operation and/or support of the App or the Website at any time, and shall have no liability to any Merchants and/or Users if it elects to do so.
8.5. All cancellations will result in the deactivation or deletion of the Merchant's or User's account.
9. Gifticon Fees
9.1. In consideration of the provision of the App and the Services, Gifticon will receive from Merchants on a agreed commission fee of the gross total amount paid by a User to the Merchant (a User Redemption) for any order redeemed by a User through the App (the Gifticon Fees),
9.3. Gifticon may change the Gifticon Fees, in its sole discretion, on providing not less than 30 days prior written notice to the Merchants.
9.4. All Merchants are entitled to use the Services for free for their first month during the Contract Period. The Merchant will be able to use the Services and the App during this month without any Gifticon Fees being charged. Gifticon Fees will immediately become payable by the Merchant thereafter.
10.1. Gifticon will receive the relevant User Payments from the Users.
10.2. Gifticon will then on-pay the relevant Merchant its applicable User Payments that Gifticon receives, less the Gifticon Fees due to the relevant Merchant.
10.3. Payments to Merchants will be made on or before the 1st day of the month for all User Payments that Gifticon receives in the immediately preceding month.
10.5. Gifticon will pay the Merchant in New Zealand dollars where the Merchant is a New Zealand business, or in Australian dollars where the Merchant is an Australian business (in either case, using the prevailing foreign exchange rate at the time of transfer).
10.6. All Gifticon Fees are exclusive of all taxes (other than New Zealand goods and services tax), and the Merchant indemnifies Gifticon against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and or interest.
11. Malfunctions and technical support
11.1. Gifticon takes all reasonable steps to ensure that the App will function as intended once it is downloaded by Users.
11.2. Gifticon will try to promptly address (during normal business hours) all technical issues that arise in relation to the App
12.1. Each User will be responsible and liable for all transactions effected through their use of the App. Gifticon will not be held accountable if a User suffers any loss or damage as a result of the use of the App.
13. Warranties and Liability
13.1. The App and the Website and all content, functionality and features within it are provided on an "as is" and “where is” basis, and without warranties or representations of any kind either expressed or implied.
13.2. To the fullest extent permitted by law, Gifticon disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the App is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.
13.3. Gifticon shall not be liable for any damages, loss or injury arising in connection with these Terms and/or use of, or the inability to use, the App, the Website or the Services, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
13.4. While Gifticon endeavours to ensure that the App and Website are free from viruses and other malicious content, neither Gifticon nor any other party involved in producing or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users' computers or mobile devices or other property on account of access to or use of the App.
13.5. Each User indemnifies, and will keep indemnified, Gifticon against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Gifticon may incur or be subject to or suffer as a result of the User use of the App, the Website and the Services and functionality provided by them.
14. No illegal or malicious use
14.1. No User may use the App for any illegal or unauthorised purpose, or for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User.
15. Intellectual property
15.1. All Users agree that Gifticon solely and absolutely owns all of the intellectual property rights existing in the App and Services and nothing in these Terms shall operate to transfer, assign or otherwise vest any such intellectual property rights to any User.
15.2. Any information, data, or other content which is generated in the course of use of the App by a User (Data) shall vest in and be owned by Gifticon.
16.1. No User or Merchant may publish or use Gifticon's brand, branding or logos except with Gifticon's prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the App.
16.2. The Merchant must have at least one Gifticon promotional poster and business QR code cards at the counter of the store. The promotional poster should clearly located in the reach of customer’s sight.
17.1. Gifticon takes reasonable measures to keep User Account Information and Merchant Account Information secure against unauthorised use or access. However, Users shall be responsible for maintaining the security of their Gifticon account by keeping their User Account Information or Merchant Account Information (as the case may be), PIN number and log-in details confidential and secure, and not sharing any such information with any third party.
17.2. Gifticon shall not be liable for any loss, cost or damage suffered as a result of any unauthorised use of the App by any third party caused by Users failure to comply with these provisions. Users must notify Gifticon immediately if they suspect or become aware of any unauthorised or fraudulent use of their account.
18.1. If there is a dispute between Gifticon and a User in relation to these Terms that remains unresolved for more than 30 days, Gifticon may by notice to the User, refer the dispute to mediation in accordance with the New Zealand Resolution Institute’s standard mediation agreement.
18.2. No User may commence court or arbitration proceedings in relation to the dispute until the mediation procedure is complete.
19.1. If a User does not comply with any aspect of these Terms, Gifticon may (without prejudice to any other rights or remedies available to it) cancel or suspend that User's account, disable the ability of that User to use the App, and/or terminate these Terms (including the licence granted within it).
19.2. Gifticon shall not be liable for any loss or damage suffered by Users as a result of Gifticon exercising its rights under this clause 19.
20. Governing Law and Jurisdiction
20.1. These Terms shall be governed by New Zealand law, and all Users submit to the non-exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.