FLUNKY PTY LTD

 

TERMS AND CONDITIONS OF USE

Flunky Pty Ltd ACN 611 996 886 (Flunky) facilitates the purchase of gift vouchers (Vouchers) for some of Australia’s finest restaurants, cafes, bars and clubs (Providers) through its website and application.

These Terms and Conditions of Use govern your use of Flunky website (www.flunky.com.au) and Flunky gift voucher application (the Flunky Gifts App) and also bind the recipient of the gift voucher (Voucher Recipient). In these terms and conditions “website” means an internet website, the Flunky Gifts App, web app, web application, app and any other like software utilised by Flunky from time to time.

Subject to law, Flunky may, in its discretion, from time to time amend or modify the Terms and Conditions of Use. Flunky recommends you carefully read, each time you visit the website, the Terms and Conditions of Use as they may affect your rights.  

 

ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE FLUNKY WEBSITE OR FLUNKY GIFTS APP.

If you do not agree to these Terms and Conditions of Use do not use the website or the Flunky Gifts App. By continuing to browse, view content, shop or purchase on the website or using the Flunky Gifts App, you are deemed to have fully and unconditionally accepted and agreed to these Terms and Conditions of Use.

 

ACKNOWLEDGEMENT

By downloading and using the Flunky Gifts App you acknowledge that you are providing your express consent to receive commercial messages from Flunky, for the purposes of advertising, promoting and providing special offers relating to Flunky Products (Flunky Products) pursuant to the requirements of the Spam Act 2003 (Cth).

 

INTELLECTUAL PROPERTY

The entire content included in the website including but not limited to text, images, logos, graphics, audio, video or code is owned by Flunky, its affiliates or related entities. Where content on the website is provided by persons other than Flunky then that content is deemed to be owned by the person providing it and is protected by Australian and International copyright laws.

You must not transmit, broadcast, edit, adapt or make use of any content on the website whether belonging to Flunky or an external provider. Where any content of the website is downloaded or printed you agree that such content is to be used solely for private and non-commercial purposes or to evaluate and/or purchase any Flunky products.

 

USING THE FLUNKY GIFTS APP

The Flunky Gifts App is the online application used by you to purchase a Voucher for dining and entertainment experiences with your preferred Provider.

When using the Flunky Gifts App you acknowledge and agree that you must set up a user account which may require you to provide the following information:

      1. your full name;
      2. your mobile telephone number;
      3. your username/email address;
      4. your password;
      5. your credit card details; and
      6. any other information Flunky deems necessary from time to time.

You are solely responsible for selecting your username and password in relation to using the Flunky Gifts App and Flunky or any of its affiliates or related entities will not be responsible or liable to you resulting from:

      1. an inappropriate or poor choice of username or password;
      2. a failure to change your password on a regular basis;
      3. a failure to promptly inform Flunky of a possible identity theft; or
      4. a failure to keep your username and password hidden and secret.

You are responsible for maintaining confidentiality of all your personal details, password and payment details. You agree to accept full responsibility for all of your activities on the website and the Flunky Gifts App. If you purchase a Voucher using the Flunky Gifts App, Flunky may send you notification by email or SMS confirming the details of your order.  The confirmation will not constitute a Tax Invoice.

The Flunky Gifts App must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Flunky reserves the rights to refuse service, terminate your access to the website or online Flunky Gifts App, remove or edit any content or cancel your purchase in its sole discretion and without any notice to you.

In purchasing any Vouchers products using the Flunky Gifts App, you will be required to:

      1. select the relevant Provider from which you would like to spend the Voucher;
      2. select the dollar value of the Voucher you wish to purchase; and
      3. pay for the selected Voucher utilising the credit card nominated by .

You acknowledge and agree that in relation to any Vouchers purchased by you via the Flunky Gifts App:

      1. you, or the Voucher Recipient must use the Voucher purchased from the Flunky  within a twelve (12) month period after you have purchased and paid for the Voucher;
      2. you are not entitled to a refund or credit for any Voucher  purchased and paid for by you if you fail to use the Voucher within a twelve (12) month period after the Voucher is purchased and paid for;
      3. the Voucher cannot be redeemed for cash;
      4. no refunds or credits will be provided in general.

In using the Flunky Gifts App you:

      1. acknowledge that all Voucher purchases treated as an express intention to purchase the Voucher for the dollar value nominated by you;
      2. agree that you are contracting directly with the individual Provider from which the Voucher can be redeemed and not with Flunky;
      3. indemnify Flunky from all claims relating to a failure of the Flunky Gifts App;
      4. indemnify Flunk for use of the Stripe Payment Gateway and the input of your credit card details;
      5. indemnify Flunky from all and any claims relating to the goods and services made available to the Voucher Recipient by the Provider and its ability to redeem the Voucher;
      6. Agree and acknowledge that the Voucher Recipient will be bound by these Terms and Conditions of Use.

In making the Flunky Gifts App available for use, you acknowledge that Flunky:

      1. merely acts as an agent for the Provider from which the Voucher can be redeemed (as selected by you);
      2. in its capacity as agent, collects and processes any online payments and remits this amount directly to the Provider from which the Voucher can be redeemed instantly;
      3. does not provide you with any goods or services but rather facilitates the sales of the Voucher as agent for the Provider;
      4. makes no warranties or representations regarding the goods and services be provided (by the Provider);
      5. does not guarantee that the website or the Flunky Gifts App systems will be error free or any errors will be corrected;
      6. does not guarantee that the website or the Flunky Gifts App will be free from any viruses, harmful components or any other unintended third party interference; and
      7. reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

 

RETURNS/REFUNDS

Any Vouchers purchased from the Flunky Gifts App cannot be returned and Flunky will not provide a refund of any amount paid to it by the Purchaser.

 

SECURITY POLICY

Flunky uses the Stripe Payment Gateway (Stripe) for its online credit card transactions. Stripe processes online credit card transactions for Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on the Flunky Gifts App using the Stripe gateway are encrypted and use the Transport Layer Security (TLS) cryptographic protocols to secure payments.

You must take all necessary steps to ensure that the information sent by you to website as well as the information sent from the website to you is protected by up to date third party software including, but not limited, firewall software, antivirus software and any other security protection software available.

All information provided by you to the website is done so at your own risk.

 

ACCESS AND RESTRICTIONS

You acknowledge and agree that from time to time access to the website or the Flunky Gifts App may be denied for any one or all of the following reasons:

      1. maintenance and/or repairs;
      2. upgrades and enhancements;
      3. Flunky server down time or failure;
      4. Flunky systems down time or failure; or
      5. software utilised by Flunky is corrupt or has failed.

 

YOUR PRIVACY

Flunky is an organisation that respects and values your privacy and agrees to use all reasonable endeavours to keep your private and personal information safely and securely stored at all times to avoid misuse, loss, unauthorised access, modification or disclosure and handle your private and personal information in an appropriate manner.

 

OMISSIONS AND ERRORS

Whilst Flunky makes every effort to ensure the accuracy of its website and Flunky Gifts App content, you acknowledge that periodically omissions or errors may appear in relation to some content of website and the Flunky Gifts App including but not limited to errors in the price, name, description, or any other aspect of the Provider’s goods and services or Vouchers sold. If you believe that an error or omission exists on the website or the Flunky Gifts App, we kindly request that you immediately notify us of the error or omission.

You acknowledge and agree that Flunky is not in any way liable to you for any direct or indirect loss, damage, cost or expenses suffered or incurred by you as a result of any error or omission appearing on the website or the Flunky Gifts App.

 

FLUNKY LIABILITY FOR GOODS AND SERVICES SUPPLIED

Flunky is not liable to you or any other person for any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by you or any other person from the purchase or consumption of any good and services at the Provider’s premises, and you agree to indemnify Flunky from and against any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by you or any other person under this clause; and

Should Flunky become legally liable to you for any loss or damage suffered or incurred by you from your purchase or consumption of any goods and services at a Provider’s premises in connection to the Voucher, you agree that Flunky’s liability to you is at all times limited to the dollar value of your Voucher.

 

INDEMNITY

You agree to indemnify and hold harmless Flunky and its related corporations, affiliates and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with:

    1. your use of and access to the website (including the Flunky Gifts App);
    2. your violation of any term of these Terms and Conditions of Use; and
    3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
    4. any claim that one of your user submissions caused damage to a third party;
    5. any and all claims that you may have against a Provider;
    6. use of your user submissions by Flunky;
    7. supply of goods and services by the Provider;
    8. consumption of the Provider’s goods and services;
    9. any unintended consequences of payment for a Voucher using Stripe.

 

GENERAL

These Terms and Conditions of Use constitute a legally binding agreement between you and Flunky, concerning the website, including the Flunky Gifts App. These Terms and Conditions of Use are governed by the laws of the State of Victoria and all Federal laws of Australia. Any claim or dispute between you and Flunky that arises in whole or in part from the website will be decided exclusively by a court of competent jurisdiction located in the State of Victoria.