Welcome to Gratofy!
The Website and Services (each as defined below) are provided to you (“you”, “your“, “Customer”, “Gift Giver”, “Admin” or “User”) by Gratofy Group Pty Ltd. (referred herein as “we“, “us“, “our” and “Gratofy“). These Gratofy General Terms of Use (“Terms”) govern your use of the Gratofy app or platform or the Gratofy website located at gratofy.com.au, or any apps or websites accessible therefrom (collectively, the “Website”) and the services provided through the Website, or any use thereof (the “Services”). In addition to these Terms, the Services may be governed by additional agreements or such other terms as may be issued by Gratofy from time to time (“Services Terms”). These Services Terms shall be in addition to, and not in lieu of, these Terms; provided, however, that in the event of any conflict between these Terms and the Services Terms, the Services Terms shall govern, but only with respect to the specific Services in question.
Please read these Terms carefully as well as our privacy policy incorporated herein by reference, a current version of which is available at https://www.gratofy.com.au/privacy/privacy-policy (“Privacy Policy”). Please review our Privacy Policy for more information about how we collect, use, disclose and otherwise process information about you.
By signing up to a Gratofy Account (as defined below), accessing the Website, Services, or by otherwise clicking to accept these Terms and the Privacy Policy, you represent and warrant that you have read and understood the Terms and Privacy Policy, you agree to be bound by the Terms, and you acknowledge that these Terms constitute a binding and enforceable legal contract between you and Gratofy. If you do not agree to the Terms and Privacy Policy, you should stop using the Website and Services immediately.
We reserve the right, at our sole direction, to change or modify portions or revise the Terms at any time without notice. You should periodically visit these Terms to review the current terms that apply to your use of the Website or Services. Any use of the Website or Services by you after our publication of such revised Terms shall constitute your acceptance of these Terms as modified. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms at any time by selecting the “Gratofy General Terms of Use” link on the Website or within the Services. We may also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms, do not use or access (or continue to use or access) the Website or the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Registration of a User Account
You, one of your employees or a representative of your company or organisation may register for an account with the Service (an “Account”). Your Account is for your sole, personal and organisational use. You may not authorise others outside your organisation to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may not share your account with another person. You must ensure that all registration information you provide will always be valid, correct, and up to date.
We may permanently or temporarily suspend or terminate your Account, or otherwise refuse you to access the Website or Services without notice and liability, if, in our sole determination, the information you provided is revealed to be untrue, inaccurate, or incomplete, or if you violate any of these Terms. Upon termination of your Account for any reason, you continue to be bound by the provisions of these Terms that are intended to survive termination.
Do not share your Account details with others or allow others to access or use your Account. You are responsible for the security of your password and will be solely liable for any use or unauthorised use under such password. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorised by you, including any payment order through any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us caused by someone else using your Account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorised use of your Account or Account password, please contact us immediately at support@gratofy.com.au
You hereby consent to receive electronic communications from us (including, inter alia, via email), including notices about your Account, such as password changes and information related to transactions. You agree that any notices, agreements, disclosures or other communications that we send to you, either electronically by email, pop-up, phone, text or by posting notices on the Website or Services, or in any other way, will satisfy any legal requirements, including, inter alia, that such communications are in writing. You hereby acknowledge that it is your sole responsibility to maintain copies of any electronic communications from us or with us by printing a paper copy or saving a digital copy.
We may also send you promotional communications via email, SMS, push notifications on the App, Platform or Website or any other electronic means, including, but not limited to, newsletters, special offers, surveys and other information we think might be of interest to you. You will have an option to opt out of receiving the promotional communications. To learn more, please visit our Privacy Policy.
International Users. The Website and Services are controlled and operated within Australia and certain Services may only be intended for use inside Australia. You are hereby prohibited from accessing or using the website from anywhere the Website, Services or any of the features, functionality, tools, or content thereof, is illegal. If you choose to access the Website or Services from a location outside the Australia, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
2. User’s Representations
By using the Website and/or Services, you represent and warrant that:
i. you have reached the age of 18 and the age of majority both in the territory you reside in and in the territory of your citizenship;
ii. you are not impersonating any other person;
iii. you use the Website and/or Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, and your use of the Website and/or Services does not violate any applicable law or regulation or any obligation;
iv. you will use reasonable efforts to prevent unauthorised access to or use of the Website and/or Services;
v. you will not engage in any activity which might be perceived as a fraud;
vi. you will not provide any false, inaccurate, or misleading information to any of the users of the Website or Services, or to Gratofy.
vii. your use of the Website and/or Services is at your sole risk; you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage which Gratofy may suffer of any such breach;
viii. you may be exposed to content that you may find objectionable and that, in this respect, you use the Website and Services at your own risk;
ix. you will not post or upload information to the Website and/or Services, or use Website and/or Services in connection with material, which a reasonable person or user could deem to be offensive, abusive, obscene, objectionable, defamatory, libellous, sexually explicit, threatening, advocating harassment or intimidation, racially or ethnically offensive or otherwise offensive to any group or individual, or promoting hatred or physical harm of any kind;
x. you will not violate any right of publicity, or other right of any person or entity, or any law or contractual obligation; including without limiting, rights pursuant to data protection, anti-SPAM and privacy laws and regulations;
xi. you will upload and disseminate only content or information that you own all required rights to under applicable laws, are authorised to disseminate (including not being subject to any confidentiality obligations), and do so only consistent with applicable laws and as permitted by any agreements to which you are bound;
xii. you will not use the Website and/or Services for a commercial activity;
xiii. you will not use the Website and/or Services in any manner which introduces, or may be used to introduce, any security vulnerability or any malicious code, virus, Trojan horse, or any harmful software, that may compromise, impair or limit the integrity or performance of the Website and/or Services, the Gratofy infrastructure or operations, those of Gratofy’s affiliates or partners, or any device, software, hardware or network;
xiv. You will not decipher, decompile, disassemble, or reverse-engineer any software used to provide the Website and/or Services;
xv. You will not circumvent, disable, or otherwise interfere with security-related features of the Website and/or Services or features that prevent or restrict use or copying of any content; or engage in any activity that interferes with or disrupts the Website and/or Services (or the servers and networks which are connected to the Website and/or Services);
xvi. You will not use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or Services;
xvii. You will not harvest, collect or mine information about Users of the Website and/or Services; conduct of electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, or conduct in any similar way;
xviii. You will not reproduce, duplicate, copy, sell, trade or resell the Website and/or Services, or any content of the Website and/or Services, or any content of other users, for any purpose, without the express written permission by Gratofy; and
xix. You understand that Gratofy can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Website and/or Services.
3. Recipient Terms
If you are a User who receives an entitlement either for a specific product, collection of products or for an amount which can be used by you amongst a gift collection for the purchase of a product (a “Gift”) (each such user, a “Recipient”) via the Services, the following terms apply to you:
Recipient will receive a notice of the Gift via electronic notification from Gratofy, and Recipient will be able to accept the specific product or replace with a different product from the eligible products, or choose a product (if the Gift sender selected a collection of products as your Gift). Any Recipient will need to access the Services to claim any Gift received.
In order to accept the Gift, the Recipient will access the Services. The Product will be shipped to the physical or e-mail address of the Recipient or, in some cases, the Gift sender provided to us. You acknowledge and agree that a Gift cannot be claimed in cash by the Recipient or assigned by the Recipient to a third party.
All Gifts will be delivered in accordance with the applicable retailers’ terms for such Gift, and the delivery of the Gift will be handled by a carrier. Gratofy does not control the delivery time or method of any Gift, and Gratofy is not liable for any delivery or shipping issues or delays.
All Gifts are subject to the terms of the applicable vendor’s terms for such Gift, and vendor, and not Gratofy, are responsible for the Gifts. All images of Gifts are for illustrative purposes only, and Gifts may vary from the pictures. Gifts are subject to availability. Although Gratofy uses its best efforts to ensure that the availability, colours and details of the gift are correct, Gratofy does not guarantee that it will match in every instance.
4. Gratofy’s Intellectual Property Rights
All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names, and other intellectual property rights related thereto, including, but not limited to, the mobile device applications, and all other elements contained in the Website and Services (collectively, the “Materials”) are the property of Gratofy or its subsidiaries or affiliated companies and/or third-party licensors. These Terms do not convey to you any interest in or to the Materials. You have no rights in or to the Materials, and you will not use, copy or display the Materials, except as permitted in accordance with these Terms. You are granted a limited, revocable right of use for information and personal use only in accordance with these Terms. You acknowledge and agree that except for such limited right, under no circumstances you shall acquire any right, title or interest to any part of the Materials, or any related materials, and that the Materials may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. If you send us or otherwise share with us, or publicly post on Gratofy’s social medias, any ideas, comments, or suggestions regarding the Materials (the “Feedback“), you acknowledge and agree that you thereby grant Gratofy and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback in any manner, for any purpose, and without the need for any further compensation, approval or consent.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon the intellectual propriety rights associated with the Materials or any third person’s intellectual property rights. In addition, Gratofy reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content of an Account from the Website and Services at Gratofy’s sole discretion.
You agree that Gratofy owns all legal rights and intellectual property rights in the Website and Services. You must not remove, modify or obscure any legal notices. You are not entitled to use Gratofy’s trademarks, trade names, brands, domain names, or other distinctive brand features.
With respect to any open source or third-party code that may be incorporated in the Website and Services, such open source code is covered by the applicable open source or third-party license, if any, authorising use of such code. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software.
5. Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Website by third parties not within Gratofy’s control. Gratofy is under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content.
However, Gratofy respects the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Gratofy Group Pty Ltd
Attn: Legal Notices
10 Canning Street
Brunswick East VIC, Australia 3057
Email: legal@gratofy.com.au
It is our policy to terminate relationships with parties whose content repeatedly infringe the copyrights of others.
6. APP Stores – Additional Terms
i. The Website and/or Services may be offered via the App, as available on certain app stores. You acknowledge that these Terms are between you and us and not with Apple Inc. (“Apple”) or Google Inc. (“Google”). The Google Play Store or the Apple App Store have their own terms and conditions to which you may be required to agree before downloading the Website and/or Services from them.
ii. You agree to comply with, and your license to use the Website and/or Services is conditioned upon your compliance with, all applicable terms and conditions of the Google Play Store or the Apple App Store, as applicable.
iii. Please note that the following terms apply in addition to all other provisions in these Terms, if you downloaded the App to your mobile device from the Apple App Store or Google Play Store.
iv. You acknowledge and agree that neither Apple nor Google has any responsibility for the Website, Services, or Products. Your use of the Website must comply with Apple and Google’s store terms and conditions, including Apple’s App Store Terms and Conditions, located at https://www.apple.com/legal/internet-services/itunes/us/terms.html and Google’s Google Play Terms of Service, located at https://play.google.com/intl/en-us_us/about/play-terms/index.html. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Website, Services or Products. To the maximum extent permitted by applicable law, Apple and Google will have no warranty obligation whatsoever with respect to the Website, Services or Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Gratofy as provider of the Website. You acknowledge that Apple and Google are not responsible for addressing any claims of you or any third party relating to the Website, Services or Products or your possession and/or use of the Website, Services, or Products, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes or Google Play-sourced software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Company as provider of the Website. You acknowledge that, in the event of any third party claim that the Website or your possession and use of the Website infringes that third party’s intellectual property rights, Gratofy, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Gratofy acknowledge and agree that Apple and Google and its and their subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Website, and that, upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your use of the Website against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. or Australian Government embargo, or that has been designated by the U.S. or Australian Government as a “terrorist supporting” country; and you are not listed on any U.S. or Australian Government list of prohibited or restricted parties.
7. Privacy
Please refer to our Privacy Policy for information about how we collect, use and share personal information about you.
8. Interacting With Other Users; Ratings and Review
You are solely responsible for your interactions with other users of the Services, and Gratofy is not party to any such disputes. Gratofy reserves the right, but has no obligation, to monitor disputes between you and other users. You agree to release Gratofy, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties.
You agree that in conjunction with your use of the Services you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not harass, stalk, intimidate, follow or track people or their possessions, will not enter onto private property without permission, will not impersonate any other person and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
Gratofy may offer you the opportunity to provide ratings and reviews as part of the Services. If you undermine the integrity of Gratofy’s ratings and/or review system in any way, your use of the Services may be suspended or terminated. You acknowledge that Gratofy does not make judgments on the truth or accuracy of opinions or statements made by you or by others. You may only leave one feedback item per unique interaction. You shall not: (i) attempt to restrict in any way any other user’s right to post a review; (ii) offer a user compensation in exchange for a more favourable review; (iii) gain feedback by receiving multiple feedback from the same user; or (iv) misrepresent or impersonate another user.
In order to protect the integrity of its ratings and review system, Gratofy will only consider removing a feedback item under the following scenarios: (i) if feedback posted contains language that is vulgar, discriminatory or contains adult material or otherwise violates these Terms; (ii) if Gratofy is provided with a court order directing Gratofy to remove or modify the feedback; or (iii) if feedback contains personally identifiable information of any user.
9. Termination and Limitation of the Access to Website and/or Services
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of all or any part of the Website and/or Services, or to close or suspend your Account, effective immediately, at any time including, inter alia, if we suspect in our sole discretion that (i) you or your Account were/was engaged or are being engaged in fraudulent activity or any illegal activity under any applicable law; (ii) you have provided false information to, or concealed any information from, the Gratofy or other Users; or (iii) you have engaged in activity in violation of these Terms.
To delete your Account, please send an email to: support@gratofy.com.au with “Account Termination Request” in the subject line. The request must be received from the same email that Snappy has registered for your Account and should specify the account email and the full name of the Account holder. Alternatively, you may delete your Account at any time by accessing the settings page and following the instructions therein.
10. Disclaimer
The Website and/or Services and any products listed on the Website and/or Services (the “Products”), are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from Gratofy.
GRATOFY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SERVICES, AND PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SERVICES AND ANY GIFTS AND GRATOFY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PROPERTY OR PERSONAL OR BODILY INJURY THAT RESULTS FROM ANY GIFTS OBTAINED VIA THE WEBSITE AND/OR PLATFORM.
Gratofy does not make any warranty regarding the quality, completeness, usefulness of the Website, Services, or Products or any information in respect of the Website, Services, or Products. Gratofy does not warrant that the Website, Services, or Products (i) will meet your requirements or expectations, (ii) will be delivered uninterrupted, timely, secure, or error-free, (iii) will be available, or (iv) the results that may be obtained from the use of the Website or Services will be accurate or reliable.
Gratofy makes no representations or warranties expressed or implied, regarding the legal or other consequences resulting from the use of the Website, Services, or Products.
Gratofy may stop, remove, modify, or add (permanently or temporarily) the Website and/or Services at Gratofy’s sole discretion. Any new, changed, or removed features are subject to the Terms. Continued use of the Website and/or Services after any such changes constitute your consent to the changes.
11. Links and third-party websites
Portions of the Website and Services involve linking to websites belonging to vendors of Products (“Vendors”).
We have no control over Vendor’s or any other third party’s websites, and all use of any third-party websites is at your own risk. Additionally, Gratofy cannot accept responsibility for any products or content made available, or payments processed or submitted, through such third-party websites, nor for their privacy or any other practices. Gratofy does not endorse any third-party websites and we urge our Users to exercise caution in using any third party websites.
12. Specific Gift Terms
Gratofy may make available Gifts and Gift Collections that contain Alcohol Gifts and/or Charitable Donations (as defined below). If any Customer (Corporate or Retail/Family and Friends) elects to send these Gift options, the terms of this Clause 12 shall apply.
Alcohol Gifts
i. Alcohol Gifts. Gratofy may make available Gifts and Gift Collections that contain alcoholic beverages products (each, an “Alcohol Gift”). Alcohol Gifts can only be ordered by Admins and Gift Givers and provided to Recipients, who are each, respectively, over the age of 18 years and/or of legal drinking age in the applicable jurisdiction. Customer may not purchase for, receive, or send an alcoholic beverage delivery or shipment to anyone under 18 years of age or the applicable legal drinking age in that particular jurisdiction.
ii. Gratofy does not sell, offer to sell or solicit sales of, or deliver Alcohol Gifts; rather the Gratofy Services enable the purchase and/or receipt of alcoholic beverage products from third-party alcoholic beverage retailers and sellers (“Beverage Retailers”) retained by a Gift Vendor, Gift Supplier. The delivery of the Alcohol Gift will be facilitated by a Beverage Retailer, or a delivery provider utilised by the Beverage Retailer.
iii. The placement of an order for an Alcohol Gift through the Services is an offer to purchase from a Beverage Retailer, and the Beverage Retailer will review the order and decide whether to accept it. If the Beverage Retailer decides to accept the order, the Beverage Retailer will arrange for the delivery, pick-up, and/or shipment of the Alcohol Gift.
iv. Gratofy does not employ, select, or supervise any Beverage Retailers or delivery drivers, does not guarantee shipping or delivery times, and is not liable for the actions, omissions, products, or content of Beverage Retailers or their delivery service or driver.
v. Alcohol Gifts are not available for shipment to all locations; please consult the specific product page on the Beverage Retailers website to determine whether or not alcohol orders can be shipped to the location of the applicable Recipient.
vi. It is the responsibility of the Beverage Retailer and/or its delivery provider to verify Recipient’s identification and age upon delivery, and to determine whether it is otherwise safe and appropriate to furnish the Recipient with the Alcohol Gift. They may require a valid form of photo identification with birthdate from the Customer and/or the Recipient. If Beverage Retailers and/or their designated delivery providers cannot verify the Customer and/or the Recipient’s age or identity, Retailers and/or their designated delivery providers may refuse to provide the Alcohol Gift, and Beverage Retailers may charge a restocking fee in the event that the Alcohol Gift cannot be delivered as a result.
Ordering of Alcohol Gifts
i. Products ordered will be only shipped to Australia and your delivery address supplied to us must be in Australia.
ii. When you or the Gift Recipient place an order directly to our suppliers using our website, platform and/or marketplace, whether you are the User or Gift Receiver, you are confirming that you are 18 years or older. It is illegal to sell alcohol to anyone under the age of 18.
iii. Payment can be made by credit card (Visa, MasterCard, etc.) and any other methods which may be clearly advertised on the website, platform and/or marketplace from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
iv. The payment will be taken from your card at the time that your gift campaign is sent to your Gift Recipient.
v. We reserve the right, in name of our supplier, not to accept your order at any time at our sole discretion. If your order is cancelled and/or not accepted, we will contact you to inform you of the cancellation and refund any money you have paid for that order.
When you place an order in our website, platform and/or marketplace, Gratofy Group Pty Ltd is not the seller. You are placing the order directly to the Beverage Retailer, brewery, vendor and/or supplier.
Delivery of Alcohol Gifts
i. The shipping cost of all Alcohol Gifts is included in the overall price of the gift to Australian addresses only. We offer a flat rate shipping Australia wide based on the weight of the order and by Beverage Retailer.
ii. In order to comply with liquor laws an adult over the age of 18 years must be present to accept the delivery and may be required to present appropriate identification. If you’re not present at the time of delivery, the courier company may elect to leave the Alcohol Gift at your address or you may have to pick up from your local post office or alternative parcel pick-up point as notified by the courier company. You may provide specific delivery instructions, including authorisation for the products to be left at your address, once delivery tracking details have been sent to the Gift Recipient electronically via the Beverage Retailer. It is the responsibility of the Gift Recipient to understand the delivery details and instructions with the Beverage Retailer.
iii. We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place. This includes loss or damage resulting from delivery to unattended addresses whereby the sender has opted to have the products left at front/back door or other location if no one is home. Requesting to have orders left at an unattended premise is at the Gift Recipient’s own risk.
Alcohol Policy
i. Alcoholic Gifts are only allowed by sellers/vendors/suppliers/brewers who hold a valid liquor license, which can be found on the Supplier/Beverage Retailer website. Buyers must be over 18 years of age.
ii. Alcohol Gifts may be offered, and sales facilitated by us, however, there are different state laws on trading alcohol and it is up to the seller/vendor/supplier/brewer to ensure that they are meeting all legal requirements, including holding the correct liquor licenses. Listings and products must also comply with the Alcohol Beverages Advertising Code (ABAC).
iii. Various states have different laws regarding trading beer and alcohol. Activity that doesn’t follow our alcohol policy could result in a range of actions including for example: administratively ending or cancelling listings, hiding or demoting all listings from search results, selling restrictions, and account suspension. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
iv. This policy helps you follow and understand important federal and state regulations. More information on Alcohol Laws in Australia.
For more information about the rules and state’s laws, see:
• Australian Capital Territory Liquor Act 2010
• New South Wales Liquor Act 2007
• Northern Territory Liquor Act
• Queensland Liquor Act 1992
• South Australian Liquor Licensing Act 1997
• Tasmania Liquor Licensing Act 1990
• Victoria Liquor Control Reform Act 1998
• Western Australia Liquor Control Act 1988
It is your responsibility to consume alcohol sensibly.
v. The Gratofy website, platform or marketplace requires Admins, Customers and Gift Recipients to provide their date of birth and/or confirm their age is over 18 when confirming and publishing a gift campaign and when confirming Gift Choice and delivery address details.
vi. The sellers/vendors/suppliers/brewers and Gratofy support the responsible service of Alcohol.
New South Wales. Under the Liquor Act 2007, It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
Victoria. WARNING – Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000), For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).
Queensland. Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.
South Australia. Under Liquor Licensing Act 1997, Liquor must NOT be supplied to persons under 18.
Western Australia. WARNING. Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
Australian Capital Territory. Under the Liquor Act 2010. A person must not sell or supply liquor to a person under 18 years old on premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5500.
Tasmania. Under the Liquor Licensing Act 1990 it is an offence: for liquor to be delivered to a person under the age of 18 years. Penalty: Fine not exceeding 20 penalty units. For a person under the age of 18 years to purchase liquor. Penalty, Fine not exceeding 10 penalty units.
vii. Some areas in Australia are considered ‘dry zones’. A dry zone is an area where the consumption of alcohol is restricted or prohibited. Gratofy or any Beverage Retailer associated with an Alcohol Gift may block a transaction if an Admin/customer or Gift Giver is located in a dry zone and sellers/vendors/suppliers/brewers must not sell to customers located in dry zones.
Charitable Gifts/Donations
i. Gratofy may make available Gifts and Gift Collections that allow the Recipient to make donations to one or more recognised charitable organisations (the “Cause”) the equivalent value of the Gift in lieu of receiving a Gift (“Gift Donation”) or for the amount of money applicable for refund back to the Customer/Admin/Gift Giver if a gift/s is chosen that is less than the maximum gift campaign amount.
ii. Gratofy does not make any guarantees or representations that any Cause will continuously operate or qualify as a charitable cause or public interest organisation, or that its mission will remain the same.
iii. Gratofy disclaims liability for, and makes no guarantees or representations with respect to, how the applicable donation will be spent by the Cause, or any tax deductions or benefits that Customer or Gift Recipient may receive as a result of their donation.
iv. Customer is solely responsible for undertaking any required reporting and for claiming any applicable tax benefits that they wish to seek, and Gratofy does not represent, warrant, or guarantee that Customer or Gift Recipient will receive any tax documentation or that local taxation authorities will ultimately recognise the Customer’s or Gift Recipient’s contribution as being tax deductible. Customer and Gift Recipient should seek the advice of a tax professional to determine whether its donation qualifies for a tax deduction or otherwise.
13. Limitation of Liability
IN NO EVENT GRATOFY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE WEBSITE OR SERVICES, OR OTHER INTANGIBLE LOSS, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (II) ANY CHANGES WHICH GRATOFY MAY MAKE TO THE WEBSITE OR SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USE OF THE WEBSITE OR SERVICES; (V) THE PRODUCTS OR VENDORS, OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE, PRODUCTS OR SERVICES.
IN ADDITION, IN NO EVENT GRATOFY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER IN RELATION WITH THE QUALITY, ACCURACY OR UTILITY OF THE INFORMATION PROVIDED AS PART OF, OR THROUGH, THE WEBSITE OR SERVICES, OR THE PRODUCTS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT GRATOFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION.
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any content. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, electronic equipment, hardware, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or Services, including any injury or damage to Users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Website or Services. UNDER NO CIRCUMSTANCES SHALL GRATOFY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR SERVICES, OR FROM THE USE OF THE PRODUCT, OR FROM ANY CONTENT PROVIDED OR POSTED ON OR THROUGH THE WEBSITE OR SERVICES.
14. Indemnities
You hereby agree to indemnify and hold Gratofy and its affiliates and its and their respective licensees, directors, employees, agents and advisors harmless for any claims, matters, complaints, costs, liabilities and actions arising out of Gratofy’s engagement with you in connection to the Website, Services and Products, including but not limited to (i) your failure to comply with applicable laws, rules and regulations (ii) any claim of infringement or misappropriation upon any User or any third party’s rights, including but not limited to any privacy rights and/or intellectual property rights (iii) arising from your breach of the Terms; or (iv) your use or misuse of the Website or Services. You agree to promptly notify Gratofy of any third party claims and fully cooperate with Gratofy in defending such claims at your sole expense. You further agree that Gratofy shall have control of the defence or settlement of any such claims.
The abovementioned indemnity clause is in addition to, and is not in any way a substitute of any other indemnity that may be agreed upon in a written agreement between you and Gratofy.
15. Governing law and Dispute settlement; ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GRATOFY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
These Terms shall be governed by, and interpreted in accordance with, the law of Victoria, Australia exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. In the event of a dispute arising under or relating to these Terms, the Website, Services or any other products or services provided by us (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Commercial Arbitration Act 2011 (Vic). YOU AND WE AGREE THAT NEITHER YOU OR US HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT BEFORE A JUDGE OR JURY, EXCEPT FOR SMALL CLAIMS DISPUTES IN WHICH YOU OR GRATOFY SEEK TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS OR DISPUTES IN WHICH GRATOFY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY. All Disputes will be resolved before a single, neutral arbitrator located in Melbourne, Victoria, whose decision will be final except for a limited right of appeal under the Commercial Arbitration Act 2011 (Vic). The arbitration shall be commenced and conducted by the Australian Disputes Centre (“ADC”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to ADC’s Streamlined Arbitration Rules and Procedures. All applicable ADC rules and procedures are available at the ADC website. Each party will be responsible for paying any ADC filing, administrative and arbitrator fees in accordance with ADC rules. You acknowledge and agree that you either have read and understand the ADC Rules or waive your opportunity to read the ADC Rules and waive any claim that the ADC Rules are unfair or should not apply for any reason.
The arbitrator, Gratofy, and you, will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Gratofy agree that the state or federal courts of the State of Victoria and Australia sitting in the city of Melbourne in the State of Victoria, have exclusive jurisdiction over any appeals that are not subject to arbitration as set forth above and the enforcement of an arbitration award or in the event the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute. You agree to submit to the exclusive personal jurisdiction of the courts sitting within the city of Melbourne in the State of Victoria for the purpose of litigating all such claims or disputes.
This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted pursuant to ADC rules in person, through the submission of documents, or utilising desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel. You and Gratofy may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. You and Gratofy shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms will prevent Gratofy from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Gratofy’s proprietary interests. Any dispute between you and Gratofy that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of Melbourne in the State of Victoria.
Any cause of action arising out of relating to the Website or Services against Gratofy must be brought within one (1) year of the date such cause of action arose, otherwise, the claim is permanently barred, which means that you and Gratofy will not have the right to assert the claim.
YOU AND GRATOFY AGREE THAT ANY DISPUTE ARISING OR RELATED TO THE WEBSITE OR SERVICES AND ALL CLAIMS BROUGHT AGAINST THE OTHER MUST BE BROUGHT IN SUCH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING, EXCEPT TO THE EXTENT SUCH RESTRICTION IS PROHIBITED BY APPLICABLE LAW.
16. Miscellaneous
In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision, which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Gratofy or authorises you to act on behalf of Gratofy.
We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.
No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. How to Contact us?
The best way to get in touch with is to contact us at: support@gratofy.com.au. We’d love to hear your feedback about the Website and Services.
‘In the spirit of reconciliation Gratofy acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.’
