Gift Cards Website Terms of Use (The Good Guys)
- Welcome to the The Good Guys Corporate Gift Cards website (Website). By using the Website you agree that your use of the Website is subject to these Gift Card Website Terms of Use. Please read them carefully. The Good Guys may from time to time amend these Gift Card Website Terms of Use without prior notice.
- The Good Guys reserves the right to, at any time:
- amend, update, change or remove any part of this Website;
- suspend or restrict your access to this Website if you are in material breach of these Gift Card Website Terms of Use; and/or
- stop or suspend the operation of this Website.
- You acknowledge and agree that:
- this Website and its contents are provided to you on an "as is" basis;
- information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
- any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
- Save as otherwise provided for by law:
- The Good Guys makes no representations or warranties of any kind as to the operation or availability of this Website or the information, content or materials included on this Website, and all implied representations or warranties in relation to the operation or availability of this Website or the information, content or materials included on this Website are excluded; and
- The Good Guys is not liable for any loss suffered by you in connection with the unavailability of this Website and/or the use of this Website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.
- This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
- This Website and its contents are subject to copyright. The copyright is owned by The Good Guys, or in the case of some material, third parties.
- You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited.
Nothing contained in this Website shall be construed as granting any licence or right to use any trade mark displayed on this Website.
In order to use this Website, you will need internet access, devices and systems which are compatible with this Website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). The Good Guys has no obligation to make this Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this Website.
6. Withdrawal or Suspension of Service
Our online services, or your access to them, may be withdrawn or suspended for any reason without notice, including but not limited to the following;
- any interruption to, or fault in, any applicable computer or telecommunications system or service including if a service, website computer or telecommunications system is subjected to any virus, unauthorised access, or similar event;
- for Website maintenance or security purposes;
- if you breach any of these terms and conditions or use the service for a purpose not expressly authorised by The Good Guys under these terms and conditions or otherwise in writing;
- if your login consisting of a valid and active username and password is disabled, suspended, cancelled or expires; or
- if The Good Guys no longer wishes to provide the service or maintain this Website.
We have put in place measures to safeguard and secure your personal data from unauthorised access, misuse, modification and disclosure while stored or transmitted by The Good Guys.
When you provide us with your personal data (including your name, address, and credit card number) through the ordering process, we protect your personal data in transit by a Secure Socket Layer (SSL), which fully encrypts your personal data from being read by anyone over the internet. SSL encryption works by forming a matched pair with the transmission from your computer transmission and our server, so that only data to and from these sources is valid. To ensure that you are accessing our secure server before you submit your personal data, please refer to the lower corner of your browser for an unbroken key or a closed lock (depending upon your browser), which indicates that SSL is active.
This Website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. The Good Guys is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. The Good Guys will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.
Cookies are small pieces of information that your web browser stores on your computer’s hard drive. The Good Guys uses cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Save as otherwise provided for by law, The Good Guys will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website.
- Any material submitted by you (including links to third party content) to the Website which can be accessed and viewed by the public is user generated content (UGC).
- Certain parts of this Website may allow you to submit UGC. By using these features, you acknowledge and agree that:
- you will only publish UGC that is your original content of which you are the sole author (and the sole owner of all intellectual property rights embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on this Website and the grant of the licences by you to The Good Guys under these Gift Card Website Terms of Use;
- the submission and display of your UGC on this Website, is not in breach of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any applicable laws;
- you will not submit any UGC the submission of which by you, or use of which by The Good Guys, will violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, misleading & deceptive conduct or false advertising);
- you waive all moral rights that you may have in your UGC;
- none of your UGC is subject to any obligation of confidence on the part of The Good Guys, its officers, directors, agents, related bodies corporate, employees and third party service providers;
- The Good Guys has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;
- you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
- you will not post any content that includes any information that references other websites, addresses, email addresses, contact information, personal information (other than your own) or phone numbers;
- you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this Website or any computer software or equipment;
- your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased, threatening or harassing to any individual, partnership or corporation or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
- you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable right and licence to The Good Guys to use , copy, modify, delete in its entirety, publish, and display your UGC on this Website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, and incorporate such content into any form, medium or technology throughout the world without reference or notice to you and without any compensation or obligation to you;
- the use by The Good Guys of your UGC in accordance with the licences granted by you to The Good Guys under these Gift Card Website Terms of Use will not breach any third party’s rights; and
- The Good Guys has no responsibility for your UGC and you agree to indemnify The Good Guys (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by The Good Guys (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Gift Card Website Terms of Use by you or your UGC).
- All may be used (or not used) at The Good Guys’s sole discretion. In addition to its rights in this clause , The Good Guys reserves the right to change, condense or delete any content on The Good Guys’s website that The Good Guys deems, in its sole discretion, to violate the content guidelines or any other provision of these Gift Card Website Terms of Use. The Good Guys does not guarantee that you will have any recourse through The Good Guys to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, The Good Guys reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not The Good Guys, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of The Good Guys, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
- To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to The Good Guys that:
- you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
- save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
- save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
- To the extent your UGC includes a question or query, you acknowledge that The Good Guys may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
- By submitting your email address (or any other contact details) in connection with your UGC, you agree that The Good Guys and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in The Good Guys’s Privacy Policy.
12. Notice and Takedown Procedure
If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Gift Card Website Terms of Use, please contact us and please specify the following information:
- your name;
- your address;
- your phone number;
- your email address;
- information to allow us to find the relevant content on this Website;
- a description of the item or items that you believe is in breach of your intellectual property rights or these Gift Card Website Terms of Use, and the reasons for this; and
- where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).
When you visit the Website and send e-mails to us, you are communicating with us electronically. You agree that we may communicate with you electronically.
We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices and other communications that we provide to you electronically meet any legal requirement that such communications be in writing. In some instances, we may communicate with you via other methods where you have consented to such communication.
If any provision of these Gift Card Website Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Gift Card Website Terms of Use and shall not affect the validity and enforceability of any other provision of these Gift Card Website Terms of Use.
These Gift Card Website Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Gift Card Website Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. The Good Guys makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.
In these Gift Card Website Terms of Use a reference to The Good Guys is a reference to The Good Guys Group Discount Warehouses (Australia) Pty Ltd (ABN 48 004 80 657) and its related bodies corporate from time to time.
v.2 August 2023