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EGIFT CARDS NZ – TERMS OF SERVICE

Last updated: January 2022

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY

LANDING SHARE LIMITED (NZBN 9429043398706) (‘eGift Cards’ or ‘we’ or ‘us’ or ‘our’) is a service which enables access to our websites, mobile applications (‘App’) and other products and services where a user can buy, send, redeem, manage and store digital Gift Cards, codes and/or vouchers (collectively, ‘Gift Cards’) and receive other services from eGift Cards as described here (collectively the ‘Services’).

Please read this document carefully because these Terms of Service (collectively, ‘Terms’) describe the legally binding agreement between you and eGift Cards on which we offer you access to the Services, including the services provided by our independent third party payment processor/s.

The Terms, including our Privacy Policy and Terms of Sale are a binding contract between you (‘you’, ‘your’) and eGift Cards.

You may use the Services by creating a eGift Cards account or by using the Services via our guest checkout function (‘Guest Checkout’) pursuant to these Terms.

By creating a eGift Cards account, or by using Guest Checkout, you acknowledge that you must live in New Zealand and have read, understood, and agree to be bound by the Terms. Users of the Services must be 13 years of age or older. If you are under the age of 13, then you are not permitted to register for an account with eGift Cards and may not use the Guest Checkout. Persons between the ages of 13 and 18 may only use the Services with the supervision of a parent or legal guardian who registers for an account for the Services or uses the Guest Checkout, and thus agree to be bound by these Terms.

If you do not agree to the Terms or are under the age of 13, do not (and not are not entitled to) use the Services. These Terms do not affect any agreements you have with any other party for products, services or otherwise. Gift Cards sold via the Services are valid for use within New Zealand and may be available for use or sending to recipients in other countries. Please consult the eGift Cards Gift Card wall via the Services and each participating issuing retailer’s (‘Retailer’) terms and conditions for the use of Gift Cards outside of New Zealand.

We reserve the right to modify these Terms at our sole discretion at any time. If any modifications are made, we will provide notice of such changes through the Services, email or by updating these Terms (as indicated by the “Last Updated” date found at the top of the terms) on the eGift Cards website. By agreeing to this you consent to receive notifications through these means and your continued use of the Services will indicate your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Services.

YOUR EGIFT CARDS ACCOUNT

In order to use the Services, you will need to register an account or you may use the Guest Checkout. Where an account is created, only one account can be registered, and in doing so you agree:

  1. to submit your own valid e-mail address and mobile phone number;

  2. to create a valid password;

  3. that all information which you submit to us will be true and accurate, and not misleading, deceiving or fraudulent;

  4. to keep confidential and secure, all aspects and information of your account including your password;

  5. that you are responsible for any and all uses of your account, whether or not you have authorised such use;

  6. to keep confidential and secure all aspects of other users’ account information that you may have access to;

  7. that you will not use the Services for any unlawful or otherwise prohibited activity;

  8. to maintain and promptly update your account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes; and

  9. to notify eGift Cards if you discover or suspect that your account has been subject to illegal, hacking or unauthorised use, by emailing us at info@egiftcards.nz.

While eGift Cards is not obliged to confirm or check the accuracy, legitimacy or efficacy of any information provided by you to eGift Cards, you must promptly provide to eGift Cards (upon its request) any information that eGift Cards requires to confirm that the information you submit to eGift Cards is true and accurate (and not misleading, deceiving or fraudulent). By creating an account and signing into the Services, you acknowledge that, if you submit any misleading, inaccurate or false personal information to eGift Cards,  eGift Cards reserves the right to de-activate your account and ban you from using the Services in the future.

SECURITY

We encourage all users to have a passcode lock on their mobile devices. Gift Cards should be treated like cash and adding a passcode to your mobile device will ensure they are protected if you should lose your mobile device. Do not share your passcode with anyone. If you lose your mobile device please contact us at info@egiftcards.nz as soon as possible so we can put a hold on your account. If someone has already spent your Gift Card unfortunately we are unable to assist you.

You acknowledge and understand that:

  • the eGift Cards website is a secure site and the App is a secure mobile application;

  • eGift Cards uses a third-party PCI-compliant payment processor, and does not hold any financial information; and

  • Retailers’ Gift Cards are linked to their respective Point of Sale systems. Once the balance of the Gift Card is redeemed, you cannot use that Gift Card again.

PRIVACY POLICY

We respect your personal data and privacy at eGift Cards. We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect, use, disclose, handle and deal with your Personal Information (as defined in the Privacy Act) in accordance with the principles of applicable privacy laws, including (without limitation) the Privacy Act 1993 (NZ) (‘Privacy Act’) or other applicable laws and (if applicable) General Data Protection Regulation (EU) 2016/679. Please refer to our Privacy Policy (available at https://www.egiftcards.nz/privacy-policy/) for information on how the information of our users is collected, used, disclosed, handled and dealt with.

ADDITIONAL TERMS

Our Terms of Sale (available at https://www.egiftcards.nz/terms-of-sale/) apply when you purchase products (such as Gift Cards) from eGift Cards through the Services (‘Terms of Sale’). These Terms of Sale are subject to change, at any time, at our discretion, and so the Terms of Sale should be reviewed each time a purchase is made from us through the Services.

Additional terms may also be added to the Services from time to time. The Services should be reviewed each time a purchase is made.

EGIFT CARDS SERVICE DESCRIPTION

  • eGift Cards is a re-seller of digital Gift Cards. We do not re-sell plastic or physical Gift Cards.

  • The eGift Cards website are free services to use.

  • To use the Services you need to create an account with eGift Cards or may use the Guest Checkout.

  • To purchase a Gift Card you will need to use a valid POLI or Bank Transfer or other approved method of payment as updated on the Services from time to time.

  • Access to eGift Cards is provided with your email or other means of access as provided or approved depending on your device as updated from time to time.

  • Features include (but are not limited to) buying, sending, redeeming, receiving Gift Cards, using your mobile device, manage and store your Gift Cards and receive offers from time to time.

  • eGift Cards processes payment transactions on your behalf each time a payment is made. We use a third-party PCI-compliant payment processor; we do not hold any financial information or credit card details.

  • eGift Cards provides users with a platform to purchase digital Gift Cards issued by Retailers.

BUYING GIFT CARDS

Each time you buy a Gift Card for yourself, it will be stored in your digital wallet. You will be able to view and manage all Gift Cards purchased in your Gift Card “history” function.

REDEMPTION OF GIFT CARDS

Redeeming in a physical store:

  • To redeem a Gift Card from your digital wallet, tap the Gift Card. The Gift Card will reverse showing the barcode, pin number (if applicable) and code. If optical scanners are available simply scan the barcode.

  • Tips for scanning Gift Cards: Tilt your mobile device so the Gift Card is enlarged in the horizontal format.

  • If optical scanners are not present the cashier may be required to manually enter the Gift Card code number at checkout.

  • The option to print out your Gift Card is also possible. Simply take a print-out to the Retailer physical store and present at the time of purchase.

Redeeming online:

  • In your digital wallet, tap the Gift Card. The Gift Card will reverse showing the barcode, pin number (if applicable) and code. Tap the “copy” button to save your code to the clipboard. At the Retailer’s checkout, simply paste this code into the designated code area on that Retailer’s website.

  • Please note: not all Retailers’ Gift Cards are available for purchasing their respective goods online.

Please check each Retailer’s respective terms and conditions before you purchase a Gift Card.

REFER A FRIEND

From time-to-time eGift Cards offers users the opportunity to receive a free Gift Card. Users are able to invite friends via their email either on the eGift Cards website or in the App. Users are not permitted to send invitations to themselves, either via the same eGift Cards account or by setting up new eGift Cards accounts. eGift Cards will only honour legitimate invitations to friends. eGift Cards will determine (at its sole discretion) which users are deemed to be sending invitations to themselves or are otherwise seeking to misrepresent or defraud eGift Cards.

LINKS TO THIRD PARTY SITES AND SERVICES

  • Please be aware that we are not responsible for the privacy or other practices of links to third-party websites that are not owned or controlled by eGift Cards. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit whether this has occurred via the eGift Cards website or App or otherwise.

  • eGift Cards may provide links to third-party websites, apps, mobile services or other third-party services and may also display, link to or make available third-party content, data, information, events, apps or materials (including social media) (‘Third-Party Services’) on or via the Services. This does not indicate that eGift Cards endorses, controls or makes warranties or representations of any kind in relation to those Third-Party Services. All users are deemed to accept and understand that access to any Third-Party Services is entirely at their own risk. eGift Cards takes no responsibility for any legal issues (or otherwise) that may result from your use of the Third-Party Services, nor the loss, damage or harm that may be incurred as a result of your use of the Third-Party Services. Your access to these Third-Party Services is not governed by the Terms or eGift Cards’s other terms and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for Third-Party Services are solely between you and the Third-Party Services provider and not eGift Cards.

INTELLECTUAL PROPERTY AND LIMITED LICENCE

Unless otherwise indicated, the Services and all content and other materials connected with the Services are the proprietary property of eGift Cards or our licensors or users, and are protected by New Zealand intellectual property legislation and the common law (including, but not limited to, laws governing patents, copyrights, designs, trade marks and trade secrets).

eGift Cards grants to you a personal, royalty-free, non-transferable, non-sublicensable, revocable, non-exclusive, limited, New Zealand-wide licence to access and use the Services and any content made available by eGift Cards to you through the Services (‘eGift Cards Content’) only for the purpose of purchasing, sending or managing Gift Cards or receiving other Services under these Terms. The foregoing licence is subject to these Terms and you are not permitted to:

  • Sell, rent, lease, loan, lend, redistribute, sublicence, translate, or make commercial use of the Services or the eGift Cards Content;

  • Copy, imitate, mirror, reproduce, distribute, publish, reverse engineer, decompile, disassemble or attempt to discover the source or object code of, our Services or the eGift CardsContent;

  • Modify, alter, merge, adapt, vary or otherwise make any derivative uses of the Services or the eGift Cards Content, or any portion thereof;

  • Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or the eGift Cards Content;

  • Use any data mining, robots, spiders, automated tools, or similar data gathering or extraction methods, directly or indirectly, in connection with the Services or the eGift Cards Content;

  • Collect or harvest any information or data from the Services or the eGift Cards Content, or attempt to decipher any transmissions to (or from) our servers;

  • Download (other than page caching) any portion of the Services or the eGift Cards Content, except as expressly permitted via the Services; and

  • Use the Services or the eGift Cards Content, other than for their intended purposes (as detailed in these Terms), or in a manner contrary to law.

Certain images, illustrations or designs from the complimentary “Greeting Cards“ (accessible on the Services) are the intellectual property of third-party stock agencies. We do not own or claim to own the intellectual property for these  images, illustrations or designs. These have been licenced to eGift Cards for the sole purpose of using them in relation to our Services and are not to be reproduced in any way (or used in any manner) other than for the purposes of your use of the Services. Any other “Greeting Cards” are the sole intellectual property of eGift Cards.

Any use of the Services (or the eGift Cards Content) in a manner other than what is specifically referred to in these Terms is prohibited and any licence granted by eGift Cards to you will be terminated. Unauthorised use may also breach intellectual property laws and rights. The licence to the eGift Cards Content (set out in this section) is revocable by us, at any time, for any reason, without notice to you.

MONITORING

By using the Services, you consent to eGift Cards:

  • collecting and using technical information about the hardware and peripherals (that are internet-based or wireless) which you use to access the Services; and

  • monitoring your conduct while using the Services, and collecting information associated with your conduct,

to improve our products and Services.

USER CONTENT

The user is solely responsible for all content and material (including words, images, illustrations, videos, sounds, music, notes, messages, or other material) posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Services (‘User Content’). This content must comply with the rules set out below. They do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

We reserve the right to cancel a user account at any time for any reason in our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Services, User Content, which falls under any of the below categories.

If there is content that is objectionable for any of the above or below reasons or otherwise, please let us know by sending us an email to info@egiftcards.nz. We will review your concerns, but we have the right (in our sole discretion) to make the final judgment on whether the Terms have been violated and to determine what, if any, action should be taken.

While eGift Cards does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, eGift Cards reserves the right to remove, screen or edit any such User Content posted, stored or uploaded onto the Services at any time for any reason without notice. You are solely responsible for backing up the User Content and replacing any such content you post, store or upload onto the Services at your own costs and expense. We take no responsibility or liability for any User Content or the deletion (or removal) of any such content.

Other than for “Feedback” provided with respect to the Services (as defined below), you retain ownership of any User Content you post, store or upload onto the Services. You grant eGift Cards and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content (on an irrevocable and perpetual basis) throughout the world, in any manner or media, on or off the Services.

You represent and warrant that you will not use, reproduce, modify, post or upload onto the Services:

  • Unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, slanderous, threatening, defamatory, libellous, discriminatory, bigoted, abusive, inflammatory,  misleading, fraudulent, deceptive or otherwise objectionable, User Content;

  • Any User Content that is invasive of privacy or publicity rights;

  • Any User Content that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;

  • Any unsolicited or unauthorised advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”;

  • Any User Content that is (or may be) alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property;

  • Any User Content originally posted by another user, without that user’s permission or attribution;

  • Any User Content designed to mislead, deceive or trick a user of the Services;

  • Any User Content that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;

  • Private information of any third-party, including but not limited to, addresses, phone numbers, email addresses or credit card numbers; or

  • Viruses, worms, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services.

You otherwise represent and warrant that:

 

  • You own and control all of the rights to the User Content that you post, store or upload on the Services and that you have the right to make available such content via the Services;

  • If do not own and/or control all rights to the User Content that you post, store or upload on the Services, you have the right (and are authorised by the owner and/or controller of the User Content) to make available such content via the Services;

  • The User Content posted, stored or uploaded onto the Services is accurate, and not misleading, deceiving or fraudulent; and/or

  • eGift Cards’s use of your User Content does not violate these Terms and will not violate or infringe any rights of, or cause injury to, any person or entity.

 

You acknowledge and understand that any User Content will be treated as non-confidential, and eGift Cards and its affiliates may access and use the User Content, at any time, for any reason, without your knowledge.

USER CONDUCT

You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not (and will not permit anyone using your account) to conduct any of the following in connection with the Services:

  • Use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Services;

  • Use the Services in a manner that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms;

  • Use the Services in a manner that could bring eGift Cards (or anything connected with eGift Cards’s business) into disrepute;

  • Flag any form of content associated with the Services (or report abuse) for improper purposes or without good reason;

  • Use the Services for any illegal or unauthorised purpose, or engage, encourage or promote any illegal activity;

  • Imply that, you have any connection with us, or that we have endorsed you or any products/services for any purpose;

  • Create an account, post or upload any content if the person is not over 13 years of age (or between the ages of 13 and 18, without the supervision of a parent or legal guardian);

  • Use or attempt to use another user’s account without their authorisation or eGift Cards;

  • Modify, adapt, hack or emulate the Services;

  • Use any interface not provided by us to access the Services or to extract data;

  • Develop any third-party applications that interact with User Content or the Services without our prior written consent;

  • Avoid or bypass (or attempt to avoid or bypass) any filtering, security measures or other features designed to protect the Services or any third-parties; and

  • Infringe upon, violate, or challenge, the legal rights of eGift Cards, the Parent Company, our users or any third-party, including, but not limited to, their intellectual property rights.

Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with eGift Cards. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Services. Your use of the Services is at your own risk.

SERVICE UPGRADES

From time to time, it may be necessary to interrupt the Services in order to upgrade or maintain those Services. Should eGift Cards need to interrupt the availability of the Services, we will use reasonable endeavours to minimise interruption to the Services.

FEEDBACK

We welcome your feedback. Feedback submitted through the Services (or otherwise) is non-confidential and becomes the sole property of eGift Cards on and from submission to us. We own the intellectual property rights in and to such feedback, and we are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.

DISPUTES

For any technical issues with our Services please contact info@egiftcards.nz for us to review the problem. We will take all measures to rectify the issue as soon as possible. eGift Cards will review your complaint and will notify you in the event that we shall require additional information or documents. You agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.

Please comply with the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made through our Services:

  • Notify eGift Cards via email at info@egiftcards.nz about the complaint you may have;

  • eGift Cards reserves all rights to conclude and offer, if warranted (and applicable), in its sole discretion, a reasonable remedy for your complaint. In the event your complaint violates these Terms or any other eGift Cards terms or any other policy not stated herein, or any and all applicable laws, we will dismiss your complaint and take reasonable action to procure a judgment against you or as is otherwise reasonable in the sole discretion of eGift Cards;

  • We have no obligation to resolve any dispute between you and any other Gift Card recipient or Retailer. Users may resolve a dispute directly with each other or with the applicable Retailer; and

  • eGift Cards reserves the right to cancel any order of products through the Services, at any time, for any reason, at its discretion.

DISCLAIMERS

eGift Cards is a marketplace that provides users access to Gift Cards offered by Retailers. As an intermediary, we are not responsible for the creation or redemption of Gift Cards provided by Retailers, nor can we be held responsible for transactions on third party websites. Use of third-party logos and trademarks in no way constitutes an affiliation between eGift Cards and that third party.

You expressly acknowledge and agree that:

  • your use of the Services and the eGift Cards Content is at your own risk:

  • the Services have not been developed to meet your individual requirements, and it is your responsibility to ensure that the processes, functions and capabilities of the Services are suitable for your needs;

  • we assume no duty of care to you or any other party who relies on anything provided for by us through the  Services;

  • the Services are provided to you for domestic and private use, and you agree not to use the Services for any commercial, business or resale purposes;

  • we rely on all warranties and undertakings provided by you under these Terms; and

  • eGift Cards does not warrant that the functions contained in the Services will be accurate or meet your requirements, nor does eGift Cards warrant that the operation of the Services will be uninterrupted or error-free.

eGift Cards disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Services, including any:

  • Implied warranties of merchantability;

  • Implied warranties of fitness or suitability for any purpose; and

  • Warranties of non-infringement or condition of title.

INDEMNIFICATION

In your use of the Services, you agree, at your own expense, to defend, indemnify and hold us, our officers, directors, employees, subsidiaries and Parent Company, and our partners, agents, affiliates, subcontractors, licensors, service providers and consultants, from and against any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by, arising out of, or in connection with, your use of the Services, your violation of these Terms or the posting, uploading or transmission of any User Content through the Services.

LIMITATION OF LIABILITY

In no event will eGift Cards be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of business, loss of business opportunity, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Services and content contained, including but not limited to the Gift Cards, gift promotions and/or competitions, related products and services (this includes, but is not limited to, the redeemability of Gift Cards, codes and/or vouchers or gift promotions), User Content, eGift Cards Content, third party services and/or materials, however caused, regardless of the liability and even if eGift Cards has been advised of the possibility of such damages. In the matter of or relating to the use of or inability to use the Services, eGift Cards’s total liability will not exceed fifty dollars (NZD$50.00).

EVENTS OUTSIDE OUR CONTROL

eGift Cards will not be liable or responsible for any delay in (or failure to) comply with these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (‘Event Outside Our Control’).

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

  • our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

  • we will either, use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control, or terminate these Terms without notice to you.

APPLICABLE LAW

We make no warranties that the Services are appropriate or available for use in other locations. Should you choose to access or use the Services from locations outside New Zealand, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations or other applicable terms or policies of eGift Cards as made available from time to time. The laws of New Zealand govern your use of the Services at all times,.

TERMINATION OF SERVICE

Your account with eGift Cards and any access to the products and Services is and shall remain at the sole and absolute discretion of eGift Cards. eGift Cards reserves the right to change, suspend, remove, discontinue or disable your access to the Services at any time, for any reason and without notice to you. In no event will eGift Cards be held liable for the removal or disabling of access to any part or feature of the Services. For the avoidance of doubt, upon the removal or disabling of access to the Services, any licences previously granted by eGift Cards to you shall be automatically and immediately revoked, and you shall immediately cease using any intellectual property or other property relating to eGift Cards or the Services, including, but not limited to, the eGift Cards Content and eGift Cards App.

SEVERABILITY

Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

WAIVER

Enforcement of the Terms is solely at our discretion and eGift Cards’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

ASSIGNMENT

eGift Cards can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and eGift Cards’s successors and assignees. You may not assign these Terms to another person or entity.

LEGAL COMPLIANCE

You represent and warrant that: (i) you are not located in a country that is subject to any New Zealand Government embargo, or that has been designated by the New Zealand Government as a “terrorist supporting” country; and (ii) you are not listed on any New Zealand Government list of prohibited or restricted parties.

CONTACT US

Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at info@egiftcards.nz or live Chat.