Last updated: 12 October 2023
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you may not use our Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Gratifii and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gratifii. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Gratifii.
Such links are provided for your convenience and Gratifii has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Gratifii shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Subject to applicable law, we may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your access, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Gratifii its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us.
GRATIFII SERVICE TERMS AND CONDITIONS
Please read these terms and conditions carefully before using Our Service. For the purposes of these Terms and Conditions:
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Gratifii Australia Pty Ltd ACN 169 438 957 (and its subsidiaries), Suite 2, Level 1, 44a Foveaux Street, Surry Hills, NSW 2010 Australia.
Service refers to the Services delivered by the Company as outlined in Your quotation in relation to implementation of an engagement and loyalty program, delivery of a marketing service, fulfilment of a reward or any other custom service outlined.
Studio Policies refers to the design and approval process when utilising Our creative design studio.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use or receiving of the Service.
Third-party means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
By accessing or using Our Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not use Our Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Terms of Engagement
We will provide Services as outlined in a quotation approved by You. The quotation will outline the agreed fees and payment schedule. Any costs that arise in addition to the approved quotation will be first approved in writing by You before being incurred.
You may, from time to time, require Us to perform additional Services. We will provide You with an estimate of fees for the additional Services and will commence delivery of the additional Services only once You have approved the quotation in writing.
The fees which will be invoiced to You at the end of each month will be in accordance with the approved quotation and are payable within 30 days of invoice date unless previously agreed.
You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase of our Services; and that (ii) the information You supply to Us is true, correct and complete. You consent to supplying an alternate method of payment if We were unsuccessful in collecting payment for any reason after release products or services to You.
A review of fees will be conducted annually following the commencement date of your engagement.
You are required to review and approve Your logo usage, all creative assets and written materials to ensure compliance with Your corporate brand guidelines. You are also required to review and approve all terms and conditions and execution plans that relate to the Service being delivered to ensure compliance with Your company policies and all statutory and regulatory requirements.
You confirm that any Personal Information data provided by You to Us, has been collected in accordance with the Privacy Act.
You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Our Services. You will be responsible for all purchases of our Services charged on Your account until you notify us in writing that a third-party may has compromised your account credentials so long as the compromise did not result from Our negligence based on commercially reasonable best efforts.
A complete and approved brief is required for any new work to commence. The following policies outline the standard revisions and edits to be delivered as part of this work.
Written & Graphical Edits
You will be provided with a draft copy and You are able to make one round of refinements. This must be done in a manner that consolidates the edits of all members of your team. You will be shown the edited work and are able to make one further round of refinements prior to the final review & sign off. Additional revisions will be charged at $300 per hour.
You will be shown the Rough-Cut video and are able to make one round of refinements prior to the final edit. This must be done in a manner that consolidates the edits of all members of your team. Additional refinements will be charged at $300 per hour.
During phase 1 Planning & Development, You will be provided with the proposed website wireframe, design and navigation structure and are able to make one round of refinements. This must be done in a manner that consolidates the edits of all members of your team. Following these edits an updated wireframe, design and navigation document will be resubmitted to the client for approval before development begins. Once development begins changes to the navigation, design or site layout will incur additional fees charged at $300 per hour.
During phase 2 Content Review, You will be provided with a link to review the completed website to review the content and is able to make one round of refinements. This must be done in a manner that consolidates the edits of all members of your team. Client will be shown the updated website and is able to make one further round of refinements prior to the final review & sign off. Additional revisions will be charged at $300 per hour.
The Company shall be solely responsible for managing Our preferred suppliers and will use best endeavours to ensure that these suppliers perform their obligations under any supply contracts, including delivery, product warranties, defects and complaints.
Warranty rights for products redeemed will be passed to the recipients of the rewards/prizes.
Neither the Company nor Our preferred suppliers are bound to accept a used or opened product in exchange for a refund or credit, however We will make all efforts to accept a product return on the basis that it will be acceptable by the relevant supplier.
Clients ordering rewards directly from Gratifii acknowledge they are an authorised purchasing representative from your organisation, and have the power to purchase rewards on behalf of the organisation for business and professional reasons.
Stock Availability & Changes
Rewards may be subject to change, price increases or discontinuation. In the event that a reward is no longer available at the time of redemption, a substituted item to the same value will be supplied (in consultation with the recipient).
No bookings are held until deposits have been paid therefore availability or costs may change at any time.
Costs are based on the specified group numbers specified. If these change significantly it may affect the cost.
Costs are subject to change due to supplier increases. Cancellation fee’s may apply.
Please note unless other indicated all travelling delegates names are required a minimum of 45 days prior to travel.
Loss or liability
To the maximum extent permitted by law, the Company excludes all warranties, terms, conditions, undertakings, representations and consumer guarantees (express, implied, statutory or otherwise). In relation to any condition, warranty, representation or consumer guarantee implied or provided by law that cannot be lawfully excluded, where permitted by law, the Company’s liability is limited, at the sole discretion and option of the Company, to the minimum obligations or liabilities permitted by law (such as resupplying the services or paying the cost of resupplying the services). To the maximum extent permitted by law, the Company is not liable to you in any circumstances for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue, loss of production, loss of profit or loss of data.
Confidentiality & Intellectual Property
All material developed by Us to deliver a Service for You, will become the sole and exclusive property of You.
All personal and contact data and confidential information provided to the Company during the course of the Service will be destroyed no later than five (5) years after the completion of the Service unless requested earlier.
The Company will keep strictly confidential any and all information or data in whatever form disclosed to it by You and will not publish or otherwise divulge or share the same with any third party unless required by law.
The Company shall not be liable for any breach of the above confidentiality obligation by any of its present or former employees, agents or contractors.
The Company shall not be liable for any breach of Third-Party Intellectual Property rights in using any information provided by You.
An Event of Default occurs when a party fails or refuses to perform its duties as specified in this agreement and that failure is not remedied to the reasonable satisfaction of the other party within 30 days of receipt of written notice of such default delivered to the defaulting party by the other party.
Either party may terminate this Agreement upon:
- an Event of Default occurring with respect to the other party; or
- You advising Us that You wish to terminate the Agreement on giving Us a minimum of 90 days written notice. Such notice shall not be given prior to the end of the initial term of the Service; or
- if the other party becomes insolvent or bankrupt, or is in or goes into receivership or liquidation.
Except as expressly provided for in this Agreement, no variation or amendment of this Agreement shall be effective unless it is in writing and signed by a duly authorised representative of each party.
This Engagement shall be governed by the laws of New South Wales and the parties agree to submit to the unconditional jurisdiction of the courts of that state for the determination of any disputes that cannot be resolved amicably.