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.
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.
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).
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.
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:
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:
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:
You acknowledge and agree that in relation to any Vouchers purchased by you via the Flunky Gifts App:
In using the Flunky Gifts App you:
In making the Flunky Gifts App available for use, you acknowledge that Flunky:
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.
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.
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:
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.
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 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.
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:
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.