TERMS & CONDITIONS OF USE
Welcome to GiftGofer.com.
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which GoferStuff Pte Ltd, owners of GiftGofer and its associates ("GiftGofer/we/us”) make this website www.GiftGofer.com (the "GiftGofer Site") available to you and any of our services , including but not limited to products or services, use GiftGofer applications for mobile, or use software provided by GiftGofer in connection with any of the foregoing which are accessible on or via the GiftGofer Site, or the GiftGofer Courier that enables our delivery (the "GiftGofer Service").
These Terms and Conditions govern your use of the GiftGofer Site and the GiftGofer Service.
By using GiftGofer Site and GiftGofer Services, you agree to these conditions. Please read them carefully.
1.0 Use of the Website
1.1 Abuse of Service
You agree not to use the website directly or indirectly for any unlawful purpose or so as to cause distress or offence to any person. We reserve the right not to process your order if we decide that you are using the website for such purposes and ban you from placing orders with us in the future. In such an event we will refund any payment made by you.
You also agree not to upload, email to us or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:
- Threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
- If the order for personalised products contains reference to any copyrighted information where you have not obtained permission.
1.2 Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the website is protected by our or third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
"GiftGofer" is our registered trademark. You agree not to display or use it in any manner without our prior written consent.
1.3 Website Content
The website is provided on an "as is" and "as available" basis and we shall not be liable to you for your inability to use the service. No advice or information, whether oral or written, obtained by you via the website will create any warranty not expressly stated in these terms and conditions; and all warranties in respect of the website, the items supplied by us and any other services that we may provide through the website from time to time are excluded to the fullest extent permitted by law. This does not prejudice your statutory rights.
1.4 Amendment of sites and services
We reserve the right to amend the website and the items and services that we offer to you via the website without notice to you from time to time.
1.5 External links
We may provide links to other websites or resources from time to time. These links are provided for your convenience. We do not endorse the contents of those websites, are not responsible for the availability of these websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
2.0. PRIVACY & SECURITY
Please review our Privacy & Security Policy in Section 20.0, which also governs your use of GiftGofer Services, to understand our practices.
3.0. ELECTRONIC COMMUNICATIONS
3.1 When you use any GiftGofer Service, or send e-mails to us, you are communicating with us electronically. In return, you consent to receive communications from us electronically.
3.2 We will communicate with you by e-mail or by posting notices on this site or through the other GiftGofer Services.
3.3. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.1 Protecting our Copyright
All content included in or made available through the GiftGofer site or any GiftGofer Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of GiftGofer or its content suppliers and protected by Singapore, United States and international copyright laws. The compilation of all content included in or made available through any GiftGofer Service is the exclusive property of GiftGofer and protected by Singapore, U.S. and international copyright laws.
4.2 Complaints for Copyright
GiftGofer respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us immediately.
Click here to see a non-exhaustive list of GiftGofer trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GiftGofer Service are trademarks or trade dress of GiftGofer in the Singapore and other countries. GiftGofer's trademarks and trade dress may not be used in connection with any product or service that is not GiftGofer's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GiftGofer. All other trademarks not owned by GiftGofer that appear in any GiftGofer Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GiftGofer.
6.0. YOUR ACCOUNT
6.1 If you use any GiftGofer Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
6.2 GiftGofer does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
6.3 If you are under 18, you may use the GiftGofer Services only with involvement of a parent or guardian.
6.4 Alcohol listings on GiftGofer are intended for adults only. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol.
6.5 GiftGofer reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
6.6 If GiftGofer has reason to believe that there is likely to be a breach of security or misuse of the GiftGofer Service or site, we may require you to change your password, or may suspend use of the Service.
6.7 You must ensure that the details you provide on registration or at any time are correct and complete.
6.8 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the 'About Me' Personal Profile section of My Account. This will ensure that the GiftGofer Service we provide is accurate and up to date.
6.9 Use of the GiftGofer Service is intended to assist with purchases to be made via the site. The GiftGofer Service must not be used for the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
6.10 GiftGofer reserves the right to refuse to post material on the GiftGofer Site or social media platforms, or to remove material already posted on the Site or related social media platforms.
6.11 Whilst we take every reasonable precaution and care in relation to the GiftGofer Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.
6.12 Your access to the GiftGofer Site and Service may be occasionally restricted to allow for routine maintenance.
7.0. YOUR CONSUMER RIGHTS
7.1. Product description
We try to ensure that all of the items shown on the website are accurately represented however slight variations in colour, presentation, typefaces and layout may be experienced.
7.2. Price and Sales Tax
Prices of all products are exclusive of sales and any prevailing government taxes. All orders will be subject to such tax. This will be clearly shown at checkout page before payment.
Delivery for Greeting Cards is available worldwide through standard air mail. Delivery for flowers and gift items are only available in Singapore.
We aim to mail/despatch all orders within the timeframe published. However, there will be rare occasions that unexpected delays are experienced and GiftGofer does not take responsibility for such delays. At the time of purchase you will be notified of the delivery charges, where applicable, on each order.
7.4. Return of defective goods
We endeavor to dispatch the goods to you in perfect condition. However occasionally goods can be defective and we are keen to rectify any problem as quickly as possible.
In the event that the product(s) is defective, you may return it to us at your own expense within 7 days of receiving such product(s). Electronic products are covered by standard manufacturer’s warranty.
Please return product(s) to the mailing address set out in "Contact Us". We will offer to reimburse the price that you have paid for the product(s) to your credit card. Alternatively if you email us immediately, we may offer to reprint and resend the product(s) free of charge.
All complaints will be acknowledged within 5 working days. We will endeavor to resolve any complaints within 14 days and keep you informed during the resolution process.
8.0. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GiftGofer reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant GiftGofer a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GiftGofer and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GiftGofer for all claims resulting from content you supply. GiftGofer has the right but not the obligation to monitor and edit or remove any activity or content. GiftGofer takes no responsibility and assumes no liability for any content posted by you or any third party.
9.0. RISK OF LOSS
All items purchased from GiftGofer are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to; or pick up by the carrier.
10.1 All products as depicted on this website (as may be varied from time to time) are available in Singapore - or as otherwise directed. Certain product ranges are available in selected delivery areas only.
10.2 In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 30 days after the intended delivery/collection date.
10.3 Selected products are not available for same day delivery or other special delivery services. Further information regarding product availability and delivery options will be presented when placing your order.
11.0 ALCOHOLIC GIFTS
Under the Liquors Licensing Regulations of Singapore, under the Customs Act Chapter 70, Section 143 (Revised Edition 2009), it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor.
12.1 Prices listed within the GiftGofer Service are valid for a maximum of 14 days of submitting your order.
12.2 Prices include standard delivery unless otherwise stated, but exclude GST for deliveries within Singapore.
12.3 Only some items are available for overseas delivery. Product prices for items requiring delivery outside of Singapore exclude transmission or delivery charges.
12.4 A processing fee will be applied to orders when using the following credit cards: American Express and PayPal.
13.0 ORDERS/ PAYMENTS
13.1 You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details.
13.2 We accept payment by MasterCard, VISA and/or debit cards as we may specify from time to time.
13.3 By clicking on the 'place order' button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the GiftGofer site.
13.4 Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details after payment is received, to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.
13.5 We cannot accept orders from customers under the age of eighteen (18) years.
14.1 Except where stated, Standard Delivery means we will despatch your order the next working day. If you have requested special delivery, you will be advised of any additional charges at the point of Check Out.
14.2 Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions before you place your order.
14.3 We do not recommend courier deliveries to hospitals or funerals.
14.4 Delivery Services - Should you require your delivery to be made within a specific time period we are able to offer the following delivery services. Please note some services are subject to availability and that at certain times of the year these prices can vary. We will advise you of services available at the time of placing your order:
14.5 Deliveries via courier services cannot be delivered at specific times. All orders will be delivered during the working day between 8am and 9pm.
14.6 For deliveries on Sundays or public holidays, a surcharge applies.
14.7 To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
14.8 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a local courier service. In very occasional circumstances delivery on the requested terms will not be possible, in such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or reimburse your payment in full in accordance with clause 10.2 above.
14.9 In the case of delivery to certain locations, where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that some products are unsuitable for delivery to Funeral Directors, Hospitals, airports or ships" please contact our Customer Contact Centre for further information.
14.10 Please be aware that the carrier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the items(s).
14.11 Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address.
14.12 Before placing your order, please review delivery cut-off times & prices where applicable.
14.13 Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.
14.14 Only certain products, where indicated are available for International delivery. Where it is not indicated, you can assume it can only be delivered in Singapore.
14.15 We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
15.0 USE OF DISCOUNT CODES
15.1 GiftGofer discount codes can only be used against purchases made on GiftGofer.com.
15.2 Discount codes must be entered in the relevant section of the order process on GiftGofer.com. We are unable to apply a discount to orders already placed.
15.3 Discount codes are usually restricted to one use per customer and should not be passed on to additional recipients.
15.4 Discount codes may also be set to a maximum number of redemptions - if we are not able to accept the discount code you have entered it will be because the code has expired or maximum redemption level for promotion exceeded. We will advise you accordingly in the order process and the discount will not be applied.
15.5 Selected Discount codes may be restricted for use against specified products - where possible, details of any restrictions will be communicated at the point where we promote the voucher code to you.
15.6 Discount codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions.
15.7 Where the Discount code entitles you to a percentage discount, the discount will not be applied to the delivery charge ('delivery' includes additional delivery services).
15.8 Where the Discount code entitles you to a free delivery offer, this will be for standard local next day despatch charge. Certain delivery dates however incur additional charges, such as delivery on Sunday's or Bank Holiday's etc.
15.9 Discount codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the discount code you have entered.
15.11 GiftGofer discount codes are not valid when purchasing GiftGofer Gift Cards, but can be used in conjunction with a GiftGofer Gift Card to make a purchase on GiftGofer.com.
16.0 USE OF GIFT CARDS
The following terms and conditions apply to any GiftGofer gift card (a "Gift Card" or a "Card") purchased by you or someone on your behalf and issued by GiftGofer.
By purchasing the Card, accepting and retaining the Card, or using the Card, you agree to these terms and conditions (as amended from time to time).
16.1 GIFT CARDS ARE VALID FOR 12 MONTHS FROM THE DATE OF PURCHASE OF THE CARD. AFTER 12 MONTHS THE CARD WILL AUTOMATICALLY EXPIRE.
16.2 Gift Cards are one-time use only and may only be used as full or part payment for GiftGofer products shown on and purchased on our website GiftGofer.com.
16.3 The full amount of each purchase, including taxes and fees, will be deducted from the value of the Card. However, gift card cannot be used against any additional delivery surchages.
16.4 The Card cannot be used to obtain cash or purchase other Gift Cards and you may not return merchandise or cancel services obtained with the Card for a cash refund.
16.5 No change or refund will be given where the sales transaction is for an amount (including applicable added fees and taxes) less than the value the Card. Gift Cards cannot be returned or refunded (subject to any rights available to you by law).
16.6 In the event of a Gift Card becoming lost or stolen, you will not be entitled to a refund, except as otherwise provided by law. Further, we are not responsible for use without your knowledge. The Card is for personal use only and may not be used for commercial purposes (including but not limited to resale) without our prior written consent.
16.7 We reserve the right to supplement and/or amend these terms and conditions from time to time. We will post any changes on the GiftGofer website and it is your responsibility to review the website for any changes to the Terms and Conditions. In the event of any change to these terms and conditions which results in the cancellation of your Card or any material amendment to the scope of the Card benefits, we will refund to you the outstanding balance on the Card, assuming it is still valid for use at the time of change.
16.8 A GiftGofer discount code can be used in conjunction with a GiftGofer Gift Card to make a purchase on GiftGofer.com
17.0 USE OF GIFT VOUCHERS
17.1 The Voucher may be used only for products shown and purchased on the GiftGofer.com website. To access and successfully redeem your voucher, you must access the website via a desk top computer, the offer cannot be redeemed via tablet or mobile devices. The Voucher may not be used in any retail stores, for telephone orders, or on GiftGofer’s affiliated sites.
17.2 Vouchers have a stated validity and expiration is non-negotiable.
17.3 Terms & Conditions of use for such vouchers may vary and such terms & conditions will be printed on the voucher itself.
17.4 The Voucher may not be used in conjunction with any other discounts, coupons, gift certificates, vouchers or promotions, including loyalty reward programs. The voucher cannot be used against additional delivery surcharges.
17.5 Only one voucher can be redeemed per customer, per purchase.
17.6 The Voucher has no cash value and cannot be used to obtain cash or purchase gift cards. You (customer) may not return merchandise or cancel services obtained with the Voucher for a cash refund.
17.7 GiftGofer will not be responsible for use of the Voucher without your (i.e., customer's) knowledge, or loss of the voucher.
17.8 The Voucher is for personal use only and may not be used for commercial purposes (including but not limited to resale) without GiftGofer's prior written consent.
Subject to clauses 10.2, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
19.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the GiftGofer Site and/or the GiftGofer Service from time to time. We will post any changes on the GiftGofer Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the GiftGofer Service or GiftGofer Site.
19.2 Additionally, we reserve the right to suspend, restrict or terminate access to the GiftGofer Site and/or the GiftGofer Services for any reason at any time.
19.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the GiftGofer Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 2002 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
19.6 In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.19.7 Your purchase will be deemed to have occurred in Singapore. These Terms and Conditions shall be governed by and construed in accordance with ingapore Law and the parties agree to submit to the exclusive jurisdiction of the Singapore courts.
20.0 PRIVACY & SECURITY POLICY
We are committed to protecting your privacy. We will only use the information that we collect about you in accordance with the Personal Data Protection Act 2012 (PDPA).
You can check the information that we hold about you by logging on to our website and checking your Account. You may update your personal information online.
20.1 What we will do with your contact information
GiftGofer will not sell or pass your name, address or e mail address to any third party unless legally obliged to by Government authorities. We will use this information to send you an e-mail newsletter every month to keep you informed of new products and seasonal offers. In addition you may choose to receive e-mail reminders.
20.2 Opt out
When you register on the site you will be given the opportunity to opt out of receiving any communication from us other than that required to process your registration or subsequent orders. At any point you can change this preference in your account details.
20.3 E-mail reminders and opt in
In order to receive e-mail reminders from GiftGofer you must opt in to receive communications from us. If at any point you decide to opt out we will not be able to send you any more reminders.
In order to improve the service offered to you technology may be used to track the patterns of behavior of visitors to the site and to help personalise the content displayed to each user. This can include using a "cookie" which would be stored on your browser.
20.5 Encryption of personal Information
The Website uses Secure Socket Layers (SSL), the most advanced security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the internet. Our Customer Contact Centre staff has access to this information.
20.6 Encryption of passwords
We appreciate that many people use the same password for all their internet accounts and therefore this information is very sensitive. For this reason your password remains encrypted and we do not have access to it. If you have forgotten your password we can send you a new temporary password. You are then able to access your account and change the password to something which you will remember.