Gift Card Terms & Conditions for Providers

1. Introduction

• a. These terms and conditions (Terms) apply when you issue gift cards to customers through the Platform (Gift Cards).
• b. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Bopple Technologies Pty Ltd ACN 631 587 552 (Bopple, our, we or us).
• c. If you are using our website, web or mobile application (Platform) to issue the Gift Cards through your online store, you are also bound by the Terms and Conditions available on our website.
• d. If you don’t agree to these Terms, you must refrain from issuing Gift Cards.

2. Gift Card Rules

• a. Gift Cards are valid until its expiry date or otherwise in accordance with the relevant laws of the jurisdiction the Gift Card is issued in. For example, Gift Cards issued in Australia have a validity period of 3 years from the date of purchase in accordance with the Australian Consumer Law. After a Gift Card has expired, you are not required to honour a Gift Card which has been added to a customer’s order as it is no longer valid and cannot be redeemed.
• b. Gift Cards are not legal tender, account cards, credit or debit cards or securities. They cannot be exchanged or redeemed for cash or store credit.

3. Participating Providers

• 3.1 General Process
  • a. You have the option of offering Gift Cards as part of your goods and services through the Platform by enabling the “Gift Card” feature in your account (Participating Provider). You will be able to access and share the link to your Gift Cards with customers for them to purchase.
  • b. If you do not or no longer wish to participate, you can simply disable the “Gift Card” feature in your account. When the “Gift Card” feature is disabled, you acknowledge that:
    • i.Gift Cards will no longer be visible for sale on your online store and through the Platform;
    • ii. any pre-purchased Gift Cards by customers can still be redeemed from your online store through the Platform; and
    • iii. all Gift Card redemptions will still be tracked in accordance with clause 3.1(d).
  • c. All Participating Providers acknowledge that:
    • i. Gift Card sales are recorded in the system and regarded as a sale of any other product sold through the Platform;
    • ii. customers may redeem the value of the Gift Card in part or in full at checkout; and
    • iii. Gift Card redemptions by customers are similar to a discount applied which will be added as a line item on the relevant order.
  • d. Participating Providers can at any time through their account, view a report which will set out, but is not limited to, the following details:
    • i. the amount of Gift Card sales within a timeframe;
    • ii. the amount of Gift Card redemptions within a timeframe; and
    • iii. the total outstanding balance on Gift Cards sold.
• 3.2 Obligations
• As a Participating Provider, you agree to:
  • a. use your best endeavours to deal with and address customer enquiries and concerns relating to Gift Cards, including but not limited to Gift Card sales, redemptions, transaction history and Gift Card’s outstanding value;
  • b. honour the terms of the Gift Card set out in clause 4 below;
  • c. at all times comply and only sell the Gift Cards in accordance with the relevant laws and regulations of the jurisdiction that you are based in (Applicable Law);
  • d. keep up-to-date, complete and accurate accounting and transaction records of any Gift Cards’ sales and transactions in accordance with the Applicable Law;
  • e. comply with any taxation requirements set out by the Applicable Law, including but not limited to the preparation of annual returns, declarations and other related documentation; and
  • f. to comply and ensure that your Staff comply with any of Bopple’s directions and requests relating to this agreement within a reasonable time.

4. Gift Card Content

• As a Participating Provider, you acknowledge that any Gift Cards issued must contain, but is not limited to the following details:
  • a. all conditions and restrictions specific to the use of the Gift Card, including but not limited to whether there are any limitations on the number of transactions per Gift Card and/or whether Gift Card transactions are limited to certain goods and services only; and
  • b. the expiry date of the Gift Card.

5. Refunds and Faulty Gift Cards

• While all purchases of Gift Cards are non-refundable except in accordance with the Applicable Law, a Gift Card may need to be reissued to a customer if it is proven to be faulty as a result of an error in the redemption code or otherwise due to the fault of Bopple or a Participating Provider.

6. Fraud and Abuse

• a. We are not responsible for Gift Cards which are sold or distributed by an unauthorised third party.
• b. You agree to inform us promptly if you reasonably suspect or become aware of a Gift Card that has been used or obtained in a manner that breaches the Applicable Law or these Terms. Accordingly, we may:
  • i. cancel the Gift Card;
  • ii. suspend or cancel the affected users’ account; or
  • iii. take any other appropriate legal actions available to us.

7. Termination

• a. We reserve the right to cancel any contractual arrangements we have with Participating Providers, suspend any further Gift Card orders from being placed, fulfilled, and deactivate any Gift Cards which have not yet been paid for in the event that (Default Events):
  • i. Participating Providers have made any voluntary arrangements with creditors or where they have become the subject of any administration, liquidation or winding up orders;
  • ii. a receiver or administrative receiver has been appointed over the Participating Provider’s assets; or
  • iii. we reasonably consider that the relevant Participating Provider is about to suffer any of the above events.
• b. You will need to promptly inform us if any of the above Default Events occur. Failure to notify us pursuant to this clause 7 may lead to us terminating any head agreements that we have with you.

8. Privacy

• You agree to be bound by our Privacy Policy.

9. Liability

• To the maximum extent permitted by law, we exclude any liability for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise arising from or relating in any way to:
  • a. any economic losses (including without limitation the loss of revenue, profit, contracts, business or anticipated savings);
  • b. any loss of goodwill or reputation; or
  • c. any special, indirect, inconsequential, exemplary, incidental or punitive losses which have been suffered or incurred by you in connection with the issuance of any Gift Cards or under these Terms.

10. Force Majeure

• None of the parties to this agreement will be responsible, but without prejudice to any pre-existing claim, liability or responsibility in respect of this agreement, to any other party for any delay in performance or non-performance due to any causes beyond the reasonable control of the parties, but the affected party will promptly on the occurrence of any such cause so inform the other party in writing, stating that such cause has delayed or prevented its performance and from that time on such parties must take all action within its power to comply with the terms of this agreement as fully and promptly as possible.

11. General

• 11.1 Governing Law and Jurisdiction
  This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

• 11.2 Waiver
  No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

• 11.3 Severance
  Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

• 11.4 Joint and Several Liability
  An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

• 11.5 Assignment
  A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

• 11.6 Entire Agreement
  This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

• 11.7 Interpretation

  • a. (singular and plural) words in the singular includes the plural (and vice versa);
  • b. (gender) words indicating a gender includes the corresponding words of any other gender;
  • c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • e. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • f. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • g. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • h. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • i. (includes) the word “includes” and similar words in any form is not a word of limitation;
  • j. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
  • k. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.