Terms & Conditions
1. These are the terms and conditions which govern your use of the online Services offered by Vouch For It (VFI) when purchasing Voucher(s). Please read them carefully as they will govern your purchase of and subsequent use of the Voucher and Voucher Services.
2. When you purchase a Voucher through us you will be contractually bound to the Voucher Service Provider ("VSP") to which the Voucher relates together with any further terms and conditions detailed by us or the VSP in respect of the Voucher. The contract between you and the VSP incorporates these terms and conditions and any other terms and conditions applicable to the purchase and redemption of the Voucher as may be specified by the VSP or by us at the time you submit your offer to the VSP (via our website) to purchase a Voucher.
3. While we make every attempt to ensure that the Voucher Services delivered by the VSPs are as described on this website, we cannot and do not guarantee the merchantability or quality of the Voucher Services delivered by the VSPs. You acknowledge that the representations relating to the quality, type or nature of the Voucher Services found on this website are made by the VSP to which those Voucher Services relate and not by us.
4. You acknowledge that in offering the on line Services, we are acting as agent for the VSP(s) and are not contractually bound to provide the Voucher Services or warrant their nature or quality.
5. We may alter these terms and conditions from time to time. These terms and conditions as altered may apply to each subsequent contract for the purchase of a Voucher from a VSP whether or not you were aware that the terms and conditions had been altered.
6.1 Payment may be effected by you in accordance with the payment Protocol that may apply from time to time on this website. Payment may be made by credit card or debit card. Extra fees may apply for the processing of some credit or debit cards. These will be disclosed at the point of payment (if applicable). You warrant that the credit or debit card is yours or you are authorized to use same.
6.2 You and the VSP will be contractually bound at the time you receive a Confirmation from the VSP.
6.3 All payments made shall be inclusive of GST.
6.4 If the Email Confirmation is inconsistent with your Offer, then you may rescind same without penalty PROVIDED you give written notice to us and the VSP that the Email Confirmation is inconsistent with your offer within 7 days of receipt of the Email Confirmation. We shall be the sole arbiter as to whether your Offer to purchase the Voucher Services is inconsistent with the Email Confirmation.
6.5 All transactions on this site are in Australian Dollars (AUD) only.
6.6 This site supports secured sockets layer (SSL) based transactions from a browser to the level of 128 bit or greater.
7.1 Voucher(s) are issued subject to these terms and conditions as well as any additional terms and conditions of use which are stated to apply to the Voucher. Voucher(s) will be issued either by us or by the VSP.
7.2 Voucher(s) are not transferrable or redeemable for cash. They may only be redeemed for the Voucher Services to which the Voucher entitles you or the Third Party Recipient ("TPR") to receive.
7.3 Ordinarily the Voucher will be issued within 3 days of receipt of the Email Confirmation by you. The Voucher may be issued by us or by the VSP directly. Where the Voucher is issued by the VSP we will not accept liability for any delay in issuing or the delivery of same or any mis-descriptions contained therein. Where the Voucher is issued by us, we do so as agent for the VSP.
7.4 All Voucher(s) will expire at a date disclosed on the Voucher. Voucher(s) cannot be redeemed for Voucher Services after the date of expiry. It is your responsibility to ensure that you or the TPR redeems the Voucher prior to the expiry date.
8. Refunds and Complaints
8.1 The policy on cancellations or refunds will be in accordance with the terms and conditions relating to the Voucher.
8.2 All arrangements regarding booking dates and times must be made directly with VSP and not through us.
9. Liability & indemnity
9.1 You acknowledge that we act as agent for the VSP and that we are not responsible for any alleged error or mis-description of the Voucher Services or any failure by the VSP to deliver the Voucher Services in accordance with the terms of these terms and conditions or the additional terms and conditions relevant to the Voucher applicable at the time you submit your Offer to purchase the Voucher(s).
9.2 To the fullest extent permitted by law:
(a) you release us from any Claims you may have against us, howsoever arising from the purchase and/or redemption of the Voucher and/or use of or participation in the Voucher Services; and
(b) you indemnify us from any Claims made against us by TPR(s) or VSP(s) howsoever arising from the purchase and/or redemption of the Voucher and/or use of or participation in the Voucher Services.
10.1 Personal information about you provided by you and other sources is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law. You authorise us to disclose such information where necessary to give effect to the contractual relationship between you and the VSP including the redemption of the Voucher Services by any TPR.
11. Governing Law
11.1 This Agreement shall be governed by the laws of the State of NSW and all Courts of appeal therefrom and the parties agree to submit to the exclusive jurisdiction of the Courts of that state and the Courts of Appeal therefrom.
12. Entire Agreement
12.1 This Agreement constitutes the entire agreement between you and us unless additional terms and conditions are incorporated by reference at the time of submission of your Offer to purchase the Voucher(s).
13.1 Any notices issued by the parties under this Agreement shall be sent by email to us or to you. If we send an email to you and you do not receive same because it is blocked by a spam filter or other reason other than our fault, then the notice contained in that email (including any Email Confirmation) will be valid.
In this agreement, unless the context otherwise requires:
14.1 singular includes plural and plural includes singular;
14.2 words of one gender include both other genders;
14.3 reference to legislation includes any amendment to it, any legislation substituted for it, and any statutory instruments issued under it and in force;
14.4 reference to a person includes a corporation, a firm and any other entity;
14.5 reference to a party includes that party's personal representatives, successors and permitted assigns;
14.6 if a party comprises more than one person, each of those persons is jointly and severally liable under this agreement;
14.7 headings do not affect interpretation;
14.8 a provision must not be construed against a party only because that party put the provision forward;
14.9 a provision must be read down to the extent necessary to be valid; if it cannot be read down to that extent, it must be severed.
In this Agreement the following definitions shall apply:
"Claim" or "Claims" means any and all claims, actions, suits demands, civil proceedings, injury,
"Email Confirmation" means an email sent by the Seller to the email address provided by you which includes confirmation (1) that you have paid the Voucher Price (define), (2) of the content of the Gift Voucher purchased and (3) of your details and shall include a Tax Invoice (define)
"GST" means good and services tax, fine or penalty imposed by A New Tax System (Goods and Services Tax) Act 1998
"Law" means any enforceable legislation (including regulations) proclaimed in the State of NSW and or the Commonwealth of Australia
"Offer" means your offer to purchase a Voucher (including the Voucher Services) at the time you submit your information and payment details via our Website.
"Protocol" means any systems or procedures used by us to provide the Services
"Services" means the provision of an on line booking and purchase forum by us in which Voucher(s) may be purchased by persons.
"Software Systems" means computer programmes and/or code used by VFI to provide the Services
"Tax Invoice" means a tax invoice as defined in the A New Tax System (Goods and Services Tax) Act 1998.
"TPR" or "Third Party Recipient" means a person other than person who is a party to the Voucher Contract who is entitled to redeem the Voucher for Voucher Services.
"Us" means VFI and Vouchforit.com.au Pty Ltd (ACN 127 314 916)
"VFI" means Vouchforit.com.au Pty Ltd (ACN 127 314 916)
"Voucher Services" means those services provided by the VSP to you or a TPR pursuant to an entitlement under the Voucher Contract.
"Voucher" means the document issued (whether in paper or electronic form) which evidences the Voucher Contract and entitles you to redeem the document with VSP in return for the provision of the Voucher Services by the VSP to you.
"Voucher Contract" means the contract between the VSP and you for the provision of Voucher Services, the terms of which are issued by us from time to time as the standard Voucher Contract disclosed on our website and any terms and conditions disclosed on the Voucher.
"Voucher Price" means the price of the voucher advertised by the VSP or as on our Website.
"Voucher Services Provider" means the provider of Voucher Services.
"We" means VFI and Vouchforit.com.au Pty Ltd (ACN 127 314 916)
"Website" means www.vouchforit.com.au or any other website we use from time to time to provide the Services.
"You" means the person who purchases the Voucher through our website.