Terms & Conditions
1. Terms and Conditions of Use
By using the GiftBox website you are subject to the following terms and conditions of use. These Terms and Conditions of use govern your use of this web site and your use of this web site indicates your acceptance of these Terms and Conditions. GiftBox "We, Us") may from time to time amend, update or change this web site including these Terms and Conditions without prior notice. Any promotion, competition, product or service identified or contained in this website is subject to these Terms and Conditions or those specified on the applicable webpage.
2. General Disclaimer
GiftBox is not liable for any loss suffered in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages. We reserve the right to change any of the material on this web site at any time. We do not undertake to keep this web site updated and are not liable to you or anyone else if errors occur in the information on this web site or if that information is not up to date.
4. Intellectual Property Rights
All materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by Us and protected by copyright. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by legislation, these Terms and Conditions or express written permission from Us. You may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website, without prior written permission from Us. The trade marks must not be used or modified in any way without our express written permission or the relevant third party owner. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and other civil and criminal statues.
GiftBox, make no representations about websites accessed through this site which are not maintained, controlled or created by GiftBox. GiftBox does not endorse these sites and is not responsible for their content.
6. Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies, and these Terms and conditions of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
7. Limitation of Liability
Your use of the website is at your risk. We make no warranties or representations as to its accuracy and, to the extent permitted by law. We specifically disclaim any liability or responsibility for any errors or omissions in the content on the website. We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use this web site and the content, whether based on warranty, contract, tort, negligence or any other legal basis, and whether or not We know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all products displayed on the website are provided to you "as is" and, to the extent permitted by law, is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Information on this Web site may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. We have a policy of continuous improvement of products and reserve the right to make improvements or changes to products without notice. We do not warrant that your access will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use of or result of the use of the material in this site in terms of their correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repair or correction. on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. We are not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk and is only provided for your convenience and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, We disclaim all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
9. Governing Law
The information contained in this website is intended for use by persons resident in Australia and is governed by the laws of the State of South Australia and the Commonwealth of Australia. This Website may be accessed throughout Australia and overseas. We make no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
10. Specific Warnings
10.1 You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you.
10.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. GiftBox takes no responsibility for any such damage which may arise in connection with your use of the Website.
11.1 GiftBox takes no responsibility for the content of any Goods purchased through the Website.
11.2 You warrant that, if your Order includes Restricted Material, you are eligible to purchase such Goods.
12.1 Prices displayed on the GiftBox website are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retrospectively applied to accepted Orders.
12.2 You agree to pay the delivery charges specified at the time you submit your Order.
13.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the "Complete Order" button. Orders will be deemed to have been received by GiftBox at the time GiftBox sends an Order confirmation to your nominated e-mail address.
13.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
13.3 GiftBox reserves the right to not accept Orders that request commercial quantities of Goods. If GiftBox is unable to supply your total Order this Agreement will apply to the supply of all or part of the Order.
13.4 GiftBox will use its best endeavours to supply Orders placed through the Website, however GiftBox reserves the right to cancel any Order without notice for any reason.
13.5 In event of a cancelled Order, any payments processed by GiftBox will be promptly refunded.
13.6 Customers who wish to cancel an Order must notify GiftBox at email@example.com by 9 am on the next business day following the date of Order, quoting the Order reference number.
13.7 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances GiftBox accepts no responsibility.
14.1 You may provide your nominated credit card details during the purchase process described on the Website.
14.2 Once the Goods the subject of your Order are received from suppliers and are ready for dispatch, GiftBox will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or Mastercard).
14.3 You authorise GiftBox to debit such amount from your nominated credit card.
14.4 If your nominated credit card is declined by your financial institution, GiftBox will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
14.5 GiftBox may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to GiftBox.
15. Delivery, Risk and Title in the goods
15.1 GiftBox will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order. However GiftBox will not be liable to you or anyone else for any losses suffered or incurred due to delay.
15.2 Subject to payment, property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.
16. Faulty or damaged goods
16.1 GiftBox will use its best endeavours to replace any faulty Goods, or Goods damaged prior to delivery.
16.2 Damaged or faulty Goods will be replaced (at the discretion of GiftBox) or where replacement of damaged or faulty Goods is not possible (in the opinion of GiftBox) a full refund will be issued for the value of the faulty or damaged Goods.
16.3 All damaged and faulty goods must be returned to GiftBox.
If you have a return, please refer to our returns policy for more information.
18.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against GiftBox which are connected with, arise out of, relate to or are incidental to the use of the Website.
18.2 You agree to indemnify GiftBox and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by GiftBox arising out of or in connection with the Website by any other person as a result of your, or any person using your password's:
(a) act or omission;
(b) breach of these terms and conditions; or
(c) infringement of any Intellectual Property on the Website.
20.1 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
20.2 A failure or delay by GiftBox to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by GiftBox does not preclude its future exercise or the exercise of any other power or right.
21. International Online Customers
In case you are an international online customer viz. a person resident outside Australia please note that any compliance with quarantine or other country specific compliances will be at your sole responsibility and liability. Please note that if this involves any additional costs in relation to the delivery of your order such as inspection fees and / or the resultant fees / penalty associated with it, if any, will be at your sole responsibility and liability.
SMGB ‘Tell us your favourite Dad Jokes!’ Competition
Terms and Conditions
By entering the Competition, you agree to be bound by the following Terms and Conditions:
The Promoter is Shahin Enterprises Pty Ltd (ACN 008 150 543) as trustee for the Shahin Family Trust trading as Smokemart Gift Box (Promoter)
The competition commences at 9:00AM (ACST) on Wednesday 15 August 2018 and ends at 5:00pm (ACST) on Sunday 2 September 2018 (the Competition Period).
Entry is open to all Australian residents, aged 18 years and over.
Directors, officers and employees of:
(a) the Promoter; or
(b) any companies or Commonwealth, State, Territory or local government agencies where the rules or guidelines applicable to such company or agency prohibit receipt of a prize; or
(c) the agencies or companies associated with this competition,
and their immediate family members, cannot enter.
Any person who meets the above criteria is an ‘Eligible Entrant’. Entrance into the Competition is deemed acceptance of these Terms and Conditions.
The Promoter may require you to verify that you are an Eligible Entrant by providing evidence of your name, address, date of birth, email address or other personal details. Identification considered suitable for verification is at the discretion of the Promoter.
The competition will run online via the Promoter’s Facebook and Instagram pages at:
· Facebook – [https://www.facebook.com/giftboxau/]; and
· Instagram – [https://www.instagram.com/giftboxau/].
HOW TO ENTER
During the Competition Period, Eligible Entrants must:
a) publicly post their favourite ‘Dad Joke’ on Instagram or Facebook; and
b) tag the post ‘#GBdads’
(each such post being a Qualifying Post).
Each Eligible Entrant who submits a Qualifying Post during the Competition Period will automatically receive one (1) entry (Eligible Entry).
All entries are deemed received at the time of receipt by the Promoter, not at the time you transmit the Qualifying Post.
The Promoter reserves the right to exclude any incomplete, illegible or incorrect entry or any entry containing offensive, derogatory or defamatory comments, which reflects negatively on the Promoter or which breaches any law or infringes any third party rights, including without limitation intellectual property rights.
One (1) Eligible Entry per Eligible Entrant. The Promoter may, in its sole discretion, disqualify any person who submits more than one Eligible Entry and may deem that any or all of the Qualifying Posts made by that person are excluded.
There will be one (1) winner of the competition (Winner). The Winner will be the Eligible Entry subjectively determined by an employee of the Promoter to be the funniest ‘Dad Joke’ based on literary and creative merit. Chance plays no part in determining the winner.
The Winner will be chosen at the Promoter’s office at 270 The Parade, Kensington SA 5068 on 3 September 2018.
There is one (1) prize available (Prize) which will be awarded to the Winner.
The Prize is made up of the following:
· Cuba Royal Aftershave;
· Cuba Gold Aftershave;
· Brewery in a Bag;
· Glass Stein with Print.
The recommended retail value of the Prize is $83 (including GST) and is correct at the commencement of the Competition Period. 3.4 The Promoter is not responsible for any variation in the value of the Prize.
The Prize is not transferrable or exchangeable and is not redeemable for cash. The Promoter reserves the right to provide, in substitution for the Prize, an alternative prize of equal or greater value if for any reason whatsoever, the Promoter is unable to provide the Prize.
NOTIFICATION AND CLAIMING THE PRIZE
The Winner will be notified via a private message and/or comment on the Promoter’s Facebook and Instagram posts advertising the Competition by 5:00pm (ACST) 3 September 2018.
The Winner must claim the Prize by sending a private Facebook or Instagram message to the Promoter confirming the Winner’s full name and postal address by no later than 5:00pm (ACST) on 4 September 2018 (Prize Deadline).
The Prize will be posted to the address notified by the Winner as required by these Terms and Conditions, provided that the Prize will only be delivered to addresses in Australia. If the Winner does not provide an address within Australia, the Promoter may deem the prize forfeited and choose a new Winner as though the Prize was not claimed before the Prize Deadline (see below).
In the event that the Winner fails to claim the Prize by the Prize Deadline, the Prize will be forfeited by the Winner and the Promoter will choose and notify a new Winner (Reserve Winner) using the same process set out above.
The Reserve Winner must claim the Prize in the same method set out above for the Winner by no later than 5:00pm (ACST) on 6 September 2018. In the event that the Prize is unclaimed by 5:00pm (ACST) on 6 September 2018 the Prize may be distributed at the Promoter’s absolute discretion.
The Promoter may, in its sole discretion, discard or deem invalid any Eligible Entry or disqualify all entries by any Eligible Entrant if the relevant Eligible Entrant:
a) breaches these Terms and Conditions;
b) is unable to provide the Promoter with appropriate proof of identification;
c) tampers with the entry process;
d) engages in any conduct that may jeopardise the fair and proper conduct of the competition;
e) acts in a disruptive, annoying, threatening, abusive or harassing manner;
f) does anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
g) breaches any law; or
h) behaves in a way that is otherwise inappropriate.
ACKNOWLEDGMENTS BY PARTICIPANTS/WINNERS
You acknowledge and agree that:
a) The Promoter’s decision in connection with any aspect of this competition (including any dispute) is final and no discussion or correspondence will be entered.
b) If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
c) The Promoter accepts no responsibility for any costs incurred by the Winner in connection with the use of the Prize or any tax implications that may arise from acceptance of the Prize.
d) You are fully responsible for any materials you submit in connection with the competition, including but not limited to comments, recordings and images (Content) and you indemnify the Promoter from and against any loss or damage incurred by the Promoter in connection with such Content.
e) The Promoter may in its sole discretion remove or decline to publish any Content without notice for any reason whatsoever.
f) Upon submission, all entries Content automatically become the sole property of the Promoter. You agree to the Promoter using any entries or Content you submit for any purpose in connection with the Promoter’s business.
g) The participant agrees to participate and cooperate in all publicity, editorial and promotional activities required by the Promoter, including but not limited to being interviewed, recorded and photographed without compensation. The Winner grants the Promoter a perpetual and exclusive licence to use the any such footage, recordings or photographs in all media worldwide and the Winner without notification or remuneration.
h) Failure by the Promoter to enforce any of its rights under these Terms and Conditions at any time does not waive those rights.
LIMITATION OF LIABILITY
To the extent permitted by law, the Promoter and its associated agencies, companies and representatives associated with this Competition shall not be liable for:
a) any claim, loss (including without limitation consequential loss or loss of profits), damage or expense, howsoever caused (including by the negligence, act or omission by the Promoter or any of its employees, agents or representatives);
b) death, personal injury or illness suffered or sustained in connection with this competition or the Prize except for any liability which cannot be excluded by law;
c) any incorrect, inaccurate or incomplete information communicated in the course of/or in connection with this Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter;
d) entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted;
e) any Content submitted by any person;
f) any error, omission, interruption, deletion, defect, destruction or unauthorised access to or alteration of entries; or
g) any loss of, damage to or delay in delivery of the Prize where such failure is beyond the control of the Promoter.
To the extent permitted by law, any liability of the Promoter, its employees, agents or contractors arising in connection with the competition or the Prize is limited to the re-supply of the Prize or a similar prize of equal value.
If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to necessary approval by the state/territory gaming authorities (if any).
Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
The competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform. You are providing your information to the Promoter and not to Facebook, Instagram or any other social media platform. Entrants completely release Facebook, Instagram and any other social media platform from any and all liability in connection with the competition.
By entering the competition and providing your personal information, you consent to the use of your personal information in the manner set out in these Terms and Conditions.
The Promoter collects personal information about you in order to conduct the competition. If the personal information requested is not provided, you may not be able to participate.
The Promoter may also:
a) use your personal information to help improve its goods and services;
b) share your personal information with the Promoter’s Australian related companies, agents, contractors or promotional partners who may (together with the Promoter) contact you with special offers and marketing via any medium.
Where the Promoter holds personal information about you that it has collected from different sources, the Promoter may combine this personal information into a single record or collection of linked records.
a) how you can seek access to the personal information the Promoter holds and seek the correction of such information; and
b) how you can complain about a breach of privacy and how the Promoter will deal with such a complaint.