Terms and Conditions
Last Updated: 22nd January 2024
Happygift4u.com is owned and operated by happygift.me (ABN 753 850 43 733). Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the website (known collectively as "Terms and Conditions"). Your use of, and/or access to, the website constitutes your agreement to the Terms and Conditions. Happygift.me reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere on the Website.
Intellectual property and restrictions on use of content on the website
All information, text, material, graphics, software and advertisements on the Website("Content") are copyright of happygift.me., its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by happygift.me. or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of happygift.me. or an affiliate or which is prohibited by the Terms of Use.
User license to happygift.me
By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant happygift.me. a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of happygift.me. and any other party authorised by happygift.me, all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of happygift.me, you will execute and deliver to happygift.me. such instruments and take such other actions as may be required to carry out this grant of license and waiver.
Links to third party website
The Website may contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of happygift4u.com, and happygift.me, is not responsible for the contents of any linked website or any hyperlink contained in a linked website. happygift.me, provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by happygift.me, or its affiliates. You link to any such website entirely at your own risk.
Disclaimer and limitation of liability
Under no circumstances (including but not limited to any act or omission on the part of happygift.me) will happygift.me, or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that happygift.me, does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, happygift.me’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of happgift.me to the following:
- in the case of services supplied or offered by happygift.me, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by happygift.me, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by happygift4u.com, and happygift.me may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all retail happygift.me, disclaimers and limitations of liability set out in the Terms of Use will survive.
Miscellaneous
happygift.me relies on your continued observance of these Terms of Use. If happygift.me, suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify happygift.me, for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
Pricing
All prices quoted in this website are in Australian dollars (AUD) and are fully inclusive of government taxes (GST).
Orders
Happygift.me, reserves the rights to refuse or to withdraw your order at any time for certain reasons including but not limited due to product availability, an error in the price of the product description posted on this website, an error in your order or other reasons. Your contract will come into existence when you have fully paid for your order and happygift.me advised you that it has accepted your order and your receipt has been confirmed.
Delivery
Delivery times given on this website are for indicative only, actual delivery times may vary depending on the destination. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from happygift.me, once that commitment has been made for any reason, including without limitation, due to any delay in delivery. Please make sure you supply correct shipping address to avoid unnecessary delay in delivery and possible resending. We do not accept liability for delay in the event that there is no one to receive the order at the delivery address. Customer will be liable for any additional resending costs.
Exclusion of Negligence
Happy gift.me, is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
- The performance of the product;
- Any fact, matter or thing relating to the product; or
- Any error in information supplied to the buyer at or after the date of the purchaser’s use of the product.
Colour and Product Description
We have made every effort to display the colours of our products accurately as they appear at this website. 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. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the site is not as described, your sole remedy is to return it for a refund in unused condition.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.