Voucha

PLEASE READ CAREFULLY BEFORE USING VOUCHA'S SERVICES

1. GENERAL INFORMATION

1.1 Voucha Pty Ltd ATF Voucha Unit Trust, ABN 50 624 891 036 operates the website domains www.voucha.com.au and www.voucha.net.au and provides a service where users can buy and sell gift cards and gift vouchers for retail businesses.

1.2 A Gift Card is a non-cash payment facility that can be used to redeem goods and services with a business (Merchant) in-store or online in accordance with a Merchants Gift Card terms of use.

1.3 The terms and conditions set out below apply to your use of the Website and Voucha Services.

1.4 Your use of the Website and Voucha Services is conditional upon your acceptance of and compliance with the Terms of Use and any other terms, conditions, notices or disclaimers communicated to you via the Website, email or any other method deemed appropriate from time to time. Before using the Website or Voucha Services, please read and ensure you fully understand the Terms of Use.

1.5 Prior to registering with Voucha, you must accept the Terms of Use. Voucha will treat youruse of the Website or Voucha Services as acceptance of the Terms of Use. If you do not agree to the Terms of Use, then you should not visit the Website or use Voucha Services.

1.6 If you are under the age of 13, do not use Voucha Services.

1.7 If you are over the age of 13 but under 18, you may only use Voucha Services with the supervision of a parent or legal guardian who has registered an account with Voucha and agrees to be bound by the Terms of Use. In such instances, the parent or legal guardian will be held fully liable and responsible for the actions of the minor.

1.8 We may update the Terms of Use from time to time. Where we do update the Terms of Use, the new Terms of Use will be posted to our Website. We may also provide you with notice of such changes by email or the Website or any other method we deem appropriate.

1.9 The revised Terms of Use will take immediate effect from the time of posting. We shall specify at the top of the Terms of Use the Effective Date. This shall indicate the date on which any revised Terms of Use have become effective. We recommend that you revisit these Terms of Use regularly and by your continued use of the Website or Voucha Services, you accept any such changes. If any changes to the Terms of Use are unacceptable to you, then you should immediately cease using the Website and Voucha Services.

1.10 Users that sell their Gift Card to Voucha (Sellers) represent and warrant that:

(a) any personal information you provide us with is not false or misleading;
(b) the Gift Card is valid and genuine;
(c) if you have agreed to sell your Gift Card to us, then you must immediately cease any advertising for its sale through any other forum (for example, through an online market place or classifieds website);
(d) the Gift Card is redeemable for the balance you specified to us prior to the time of sale;
(e) the balance of the Gift Card is the same as the original amount loaded to the Gift Card at the time of purchase (i.e. the Gift Card has not been redeemed in whole or in part);
(f) you have not in any way retained a way to redeem the Gift Card after the sale of the Gift Card;
(g) the Gift Card and any interest therein is fully transferrable to Voucha after the sale is completed;
(h) you are the sole lawful owner of the Gift Card and all interest thereto and that the Gift Card was obtained in a lawful manner;
(i) the Gift Card is not subject to any liens, obligations, restrictions or encumbrances of a third party, except as specified in the Merchants Gift Card terms of use;
(j) the Gift Card is in your physical possession and in your sole control;
(k) you will comply with all requirements to complete the sale of the Gift Card, including any postage instructions or procedures required by Voucha;
(l) you are located in Australia when using Voucha Services;
(m) you are not listed on any Australian government list of prohibited or restricted parties (e.g. on a terrorist or sanctions list);
(n) you are using Voucha Services for lawful purposes; and
(o) you will comply with all terms and conditions in the Terms of Use.

1.11 Users that buy Gift Cards from Voucha (Buyers) represent and warrant that:

(a) any personal information you provide us with is not false or misleading;
(b) any debit or credit card used to purchase a Gift Card is issued by an Australian-based institution;
(c) you are the lawful owner of any debit or credit card used to purchase a Gift Card;
(d) you are located in Australia when using Voucha Services;
(e) you are using Voucha Services for lawful purposes; and
(f) you are not listed on any Australian government list of prohibited or restricted parties (e.g. on a terrorist or sanctions list).

1.12 If you breach any of the representations or warranties listed in 1.10 or 1.11, then we may terminate your account with Voucha with immediate effect or cancel/reverse any transactions you have made with us. Moreover, where we have incurred a loss as a result of a breach, you will be entirely liable for reimbursing Voucha for such a loss. Voucha will take any lawful actions it deems necessary to claw-back from you any monies owed to us as a result of such a breach.

2. VOUCHA ACCOUNT

2.1 In order to use Voucha Services, you will need to register for an account with Voucha.

2.2 You may only register for one account. Multiple accounts for one person are not permitted.

2.3 You must not register or operate an account on behalf of another person, including a family member, except where the family member is between 13 and 18 years old.

2.4 If we reasonably suspect that you have created multiple accounts or you have registered an account on behalf of another person, or you are operating an account on behalf of another

person, then your access to the account(s) may be terminated.

2.5 You may register and log into your account by:

(a) providing us with your own valid email address; and
(b) creating a password

2.6 The email address you provide us with must be in regular use by you. If you discontinue use of this email, you must update your email address by logging into your account and entering your new email address. Alternatively, you can contact us and inform us of any changes to your email or personal details.

2.7 All information that you submit in the online registration must be accurate and not misleading; including your name, email address, residential address, phone number or any other details we may ask you for from time to time. If we reasonably believe the information submitted by you was inaccurate or misleading, then we reserve the right to terminate your account and cease providing you with access to Voucha Services.

2.8 All aspects of your account and account information, including your password should be kept confidential. You alone are responsible for your login credentials. You should not share your login credentials with a third party. If we reasonably suspect that you have shared your credentials with a third party, then we may suspend your access to the account. If you believe that your account has been compromised, then you should inform us immediately by contacting us.

3. VOUCHA SERVICES

3.1 Users of Voucha Services are able to buy and sell Gift Cards through the Website.

3.2 Voucha may act as:

(a) a reseller of pre-owned Gift Cards (i.e. Gift Cards purchased from Sellers)
(b) a seller of new Gift Cards; or
(c) an intermediary for Merchants to sell their Gift Cards directly to Buyers.

3.3 Buyers should be aware that Gift Cards purchased through Voucha Services may have been owned by a Seller. We conduct due diligence on Sellers, but some Sellers do not act in good faith and may attempt to defraud us by using Voucha Services. As such, it is entirely possible that any Gift Card you buy has been compromised and is no longer valid or contains the specified balance by the time you take possession of it. In such an instance, you may be entitled to a refund from us. You should refer to section 5 of the Terms of Use (Refunds and Cancellations) for more information.

3.4 Merchants are third parties that are not related to Voucha. They are the issuers of all Gift Cards purchased via the Website and those Gift Cards are subject to their terms of use.

3.5 All Gift Cards for sale through Voucha are subject to availability. Where we are unable to fulfil your order, we will either refund you or offer a suitable alternative.

3.6 In our sole and absolute discretion, we may impose limitations on:

(a) the number of Gift Cards you buy or sell;
(b) the value of the Gift Cards (individually or in aggregate) you buy or sell;
(c) the frequency of your Gift Card purchases or sales; and/or
(d) any other limitations we deem necessary from time to time.

Such limitations may be imposed or changed at any time or without any notice to you.

3.7 Voucha reserves the right to reject all or any part of an order and to discontinue the sale of any Gift Cards without any notice to you, even if you have already placed an order. Where we have discontinued the sale of a Gift Card and you have already placed an order, we will either refund you or offer a suitable alternative.

3.8 Where we have made a mistake in the price of an order, we reserve the right to notify you to pay the difference or cancel the order.

3.9 To buy a Gift Card, you will need to use a valid debit or credit card.

4. USE OF GIFT CARDS

4.1 Once you have made an order through the Website, the purchased Gift Card will be sent to you by email (in the case of electronic Gift Cards) or to your designated postal address (in the case of physical Gift Cards).

4.2 Your Gift Cards will generally display:

(a) a card number/barcode;
(b) a PIN/code; and/or
(c) the issue/expiration date

Both (a) and (b) are generally used to redeem a Gift Card in-store or online.

Buyers should understand that what is displayed on a Gift Card and how it can be redeemed will differ from Merchant to Merchant. All Buyers should familiarise themselves with a Merchants Gift Card terms of use before making any purchase.

4.3 You should be aware that some Gift Cards can only be redeemed in-store and some can only be redeemed online. This will generally be specified in the Merchants Gift Card terms of use or on their website. If you are unable to find this information, then you should either contact the Merchant or us and we should be able to assist.

4.4 Gift Cards must always be redeemed before the expiration date. Any balance left on a Gift Card after the expiration date will generally be null and void. Information regarding Gift Card expiration is generally addressed in the Merchants Gift Card terms of use. Any disputes you may have with respect to an expired Gift Card should be addressed directly with the Merchant. We are not liable for any loss you may incur as a result of a Gift Card expiring.

4.5 Unless otherwise stated by a Merchant, Gift Cards are not redeemable for cash or reloadable.

4.6 Gift Cards purchased on the Website should be activated. If they are not, then you should contact us so we can investigate why this is not the case.

4.7 In order to verify the balance of a physical Gift Card that was bought from a Seller, we may be required to reveal or expose the Gift Card PIN/code located on the back of the Gift Card. It is possible that the Gift Card we post to you either has an exposed PIN/code or we have taken actions to cover up the PIN/code after it had been exposed. In any event, we will not buy a physical Gift Card from a Seller that has previously exposed a PIN/code.

4.8 You should treat Gift Cards like cash. Both Voucha and Merchants are not responsible for lost, stolen or destroyed Gift Cards. Moreover, we are not responsible if any Gift Card is rendered unsuitable for redemption through no fault of our own.

4.9 You are responsible for the use and safety of a Gift Card. You are liable for all transactions made on your Gift Card, except to the extent where there has been negligence by us. You should keep all Gift Card information private and secure at all times. We encourage you to password protect any email accounts that have been sent electronic Gift Cards. Anyone that has access to your email account could potentially access electronic Gift Cards that we have sent you. It is entirely your responsibility to ensure that your email account is secured.

5. REFUNDS AND CANCELLATIONS

5.1 Voucha does not offer an exchange or refund on a Gift Card, unless it was not as described at the time of purchase. This includes:

(a) the Gift Card not being active;
(b) the Gift Card having an inaccurate balance or expiration date; or
(c) the Gift Card was for a different brand than ordered.

5.2 If the Gift Card was not as described, then you must email support@voucha.com.au informing us of the issue. This must be done within 45 days of purchase, otherwise Voucha will not be responsible for the discrepancy and no exchange or refund will be given for the Gift Card. If you inform us of the discrepancy within 45 days of purchase, we will investigate the matter. In the case of an inaccurate balance, if we determine that the discrepancy was not as a result of your use of the Gift Card, we will either replace the Gift Card or refund the purchase. If we reasonably suspect that the inaccurate balance is as a result of your use of the Gift Card, and you have not been truthful in your dealings with us, your account may be terminated and we may permanently ban you from using Voucha Services. Voucha has zero tolerance for anyone trying to defraud us or Merchants.

5.3 In order to investigate any Gift Card discrepancy, you may be required to post your Gift Card to us (in the case of a physical Gift Card). We will include your cost of postage in the event you are issued with an exchange or refund.

5.4 For the avoidance of any doubt, an exchange or return will not be made where you:

(a) informed us of the Gift Card not being as described more than 45 days after the purchase;
(b) changed your mind about the purchase;
(c) misinterpreted the Gift Card delivery method or timing of delivery;
(d) misinterpreted how a particular Gift Card is redeemed;
(e) misinterpreted the particulars of a Gift Card (e.g. the retailer, balance, type, expiry etc.);
(f) have used the whole or part of the Gift Card balance;
(g) have used the Gift Card contrary to the Merchants terms of use, resulting in its cancellation or suspension;
(h) lost or misplaced the Gift Card after it was delivered to you;
(i) on-sold the Gift Card and were a victim of fraud or incurred losses as a result of that sale;
(j) purchased a Gift Card that was faulty or significantly damaged (unless it is due to a fault by us, our agents, our contractors or as otherwise required by law); and/or
(k) purchased a Gift Card for a Merchant that has entered voluntary administration, administration, insolvency, liquidation (Insolvency Event).

5.5 Where a Merchant is subject to an Insolvency Event and placed into external administration, they are required to be administered in accordance with the Corporations Act 2001. Gift Card holders are likely to rank as unsecured creditors in the event of insolvency. You should be aware that external administrators are not required to honour the terms and conditions applied to Gift Cards at the time of purchase.

6. SALE OF GIFT CARDS TO VOUCHA

6.1 Sellers are able to use Voucha Services to sell Gift Cards to Voucha through the Website.

6.2 In order to sell a Gift Card, you will be required to specify:

(a) the Merchants name;
(b) the balance of the Gift Card;
(c) the expiration date of the Gift Card;
(d) whether the Gift Card has previously been used; and
(e) the type of Gift Card (i.e. physical, electronic or printable voucher).

(Gift Card Details)

In order for us to consider buying a Gift Card from you, you must specify all of the Gift Card Details.

6.3 Once the Gift Card Details have been provided to Voucha, we may choose to:

(a) provide you with a price for which we may buy the Gift Card (Buy Price); or
(b) not provide you with a Buy Price and inform you that we do not wish to buy your Gift Card.

6.4 Any Buy Price given to you is indicative only until it is confirmed by us.

6.5 Should you accept our Buy Price, then you will be required to:

(a) provide us with your bank account details (specifying your account name, BSB and account number) or your PayPal account details; and
(b) send the Gift Card to us within 21 days of being given a Buy Price.

You should note that the bank account or PayPal account provided must be in your name (i.e. not a third party account).

6.6 We recommend that physical Gift Cards are posted to us by registered post and you retain the tracking number for the envelope. However, you may choose to post by standard post instead. In any case, we shall reimburse you up to a maximum of $1 for your postage costs regardless of the method you choose. You will not be paid for any additional cost over $1.

6.7 If you are posting multiple gift cards to us, we recommend that they are posted in the same envelope. If you choose to post them to us in multiple envelopes, then we will not reimburse you more than $1 in aggregate.

6.8 Posting a Gift Card by registered or standard post is risky. It is possible that in transit to us the envelope will be intercepted by a third party and the Gift Card is stolen or compromised. It is also possible that the envelope is not delivered to us at all. In either case, if you post a Gift Card to us, you acknowledge and fully understand these risks and will not hold Voucha liable for any loss you incur as a result of a Gift Card being stolen or compromised. You are entirely responsible for the delivery of any Gift Cards to us. If we suspect that the Gift Card has been compromised in transit, then we may choose not to buy the Gift Card.

6.9 If we suspect that the Gift Card has been compromised in transit, then we may choose not to buy the Gift Card.

6.10 When posting a Gift Card to us, you should specify inside the envelope your name and phone number, so we are able to identify who the sender is. You understand that if this is not done, there may be delays in reviewing the Gift Card and processing any payment to you if we do wish to purchase the Gift Card.

6.11 All electronic Gift Cards and printable vouchers that you wish to sell us must be uploaded in PDF format on the Website via your account.

6.12 Once we are in possession of the Gift Card, we will verify that the Gift Card Details are correct and that it is a valid Gift Card. Should this be the case, then we will either:

(a) inform you in writing that we agree to remit payment for the purchase of the Gift Card (Sale Acceptance); or
(b) inform you that we will not proceed with the purchase of the Gift Card (Sale Rejection).

6.13 We may issue a Sale Rejection for any reason whatsoever; including but not limited to:

(a) The Gift Card Details are inconsistent with what you specified to us previously;
(b) We reasonably believe that the Gift Card is fraudulent, counterfeit, stolen, inauthentic, unusable, non-transferrable, invalidated, has been resold or has been used;
(c) We reasonably believe that the Gift Card (or your sale of it) is associated with any illegal or fraudulent activity;
(d) You fail to provide us with any information or documentation we deem necessary to verify that the Gift Card was not obtained illegally or fraudulently;
(e) You are listed on an Australian government list of prohibited or restricted parties (terrorist or sanctions list);
(f) The Gift Cards PIN or code is exposed or we believe it has been exposed;
(g) The Merchant is subject to an Insolvency Event;
(h) We are not legally permitted to purchase the Gift Card;
(i) You are in breach of our Terms of Use; or
(j) We change our mind and do not wish to purchase the Gift Card.

6.14 Should we issue a Sale Rejection, we will post the Gift Card back to you by registered post. If the reason for the Sale Rejection was due to any one of the reasons listed in 6.13(a) – (i), then you will be required to pay the full cost of the registered post.

6.15 A Sale Acceptance or Sale Rejection will typically be provided to you in writing within 1 – 2 business days of Voucha being in possession of the Gift Card. You should be aware than in some extreme circumstances this may take longer due to delays in obtain a Gift Card balance from a Merchant. Voucha will take all reasonable measures to ensure this is not the case, but we cannot guarantee this.

6.16 In order to verify the balance of a Gift Card, we may be required to reveal or expose the Gift Card PIN/code located on the back of the Gift Card. In the event that you are issued with a Sale Rejection, a Gift Card may be returned to you wish the Gift Card PIN/code exposed. Voucha shall not be held liable for any loss you may incur as a result of the Gift Card PIN/code being exposed.

6.17 Should you be issued with a Sale Acceptance; we will typically make payment to you within 7 business days.

7. GENERAL RESTRICTIONS

7.1 We will not buy a Gift Card that has had its PIN/code exposed. In other words, do not post us a Gift Card that already has an exposed PIN.

7.2 We will only buy a Gift Card that is redeemable in Australia.

7.3 You must reside in Australia in order to sell a Gift Card to us.

7.4 We will not buy a Gift Card from you at its face value or more than its face value.

7.5 You must only sell Gift Cards to us for which you are the rightful legal owner and which you have obtained legally and in accordance with any applicable terms and conditions of the Gift Card.

7.6 You are responsible for your own tax reporting (if applicable) and payment of any taxes with respect to the sale of any Gift Cards to Voucha. You should note that any Gift Cards you buy or sell to Voucha are exclusive of any Goods & Services Tax (GST).

7.7 You must not use Voucha Services in any manner that is illegal, fraudulent or otherwise inconsistent with, or in violation of the Terms of Use.

7.8 Posting a Gift Card to us subsequent to a Buy Price being given is not a guarantee that we will purchase your Gift Card. Voucha is not obliged to buy any Gift Card you have posted to us. We provide a Sale Rejection in our sole and absolute discretion.

8. INDENTITY VERIFICATION

8.1 If you choose to use Voucha Services, we may require you to provide us with a copy of your photo identification or any other additional identification documents we deem necessary to verify who you are. We may ask for this at any time and you agree to comply with any request to provide such identification.

8.2 If you do not provide us with any requested identification, we may:

(a) suspend or terminate your account with Voucha;
(b) issue a Sale Rejection for any Gift Cards you wish to sell to us; and/or
(c) cancel any Gift Card purchase orders you have made with us.

9. AUTHORISED USE & TERMINATION

9.1 Use of Voucha Services should only for the intended purposes and in accordance with the Terms of Use. The intended purposes are to either buy Gift Cards from Voucha or sell Gift Cards to Voucha.

9.2 Voucha may limit your access to or cease providing you with access to Voucha Services at any time, with or without notice to you. We may do so for any reason whatsoever, in our sole an absolute discretion, and without any liability to you.

9.3 You agree that if we have terminated, suspended or limited your access to Voucha Services, you will still remain bound by the Terms of Use.

9.4 We reserve the right to terminate or change any of our services at any time, without notice to you.

10. Notices

10.1 Any notice, instruction or other communication sent or given by us will be deemed to have duly sent or given upon the earlier of (i) actual receipt by you; or (ii) the time specified below, as applicable:

(a) if delivered in person, when left at your last known home, post office box or work address;
(b) if sent or given by leaving a message on a telephone answering machine message or voice system, on hour after the message was so left;
(c) if sent by express post or overnight courier, in the ordinary course of the post or such overnight courier and in any event on the next day after posting (excluding Sundays and public holidays);
(d) if sent or given by email, one hour after sending;
(e) if sent by SMS text, one hour after sending; and
(f) if a message is posted through the Website, one hour after we posted it.

10.2 Any notice, instruction or other communication sent or given by you will be deemed to have been duly sent or given upon actual receipt by us.

11. PERSONAL INFORMATION PROVIDED BY YOU

11.1 Voucha takes your privacy and your personal information very seriously. Where you use Voucha Services or go to the Website, we may collect different types of personal information from you. How we handle your personal information, the types information we collect and the uses for that information are listed and described in our Privacy Policy, which is available on the Website.

11.2 Our Privacy Policy should be read in conjunction with the Terms of Use.

12. UNAUTHORISED USE

12.1 We strictly prohibit any unauthorised use of the Website or Voucha Services. This includes but is not limited to:

(a) use of spiders, robots and unauthorised data mining techniques;
(b) interference with the Website or Voucha Services or any other users use of the Website or Voucha Services, including without limitation, via means of overloading, flooding, mail-bombing, crashing or spamming the Website or Voucha Services;
(c) fraudulent or illegal activity designed to damage the integrity of Voucha or Voucha Services, including the sale of fraudulently or illegally obtained Gift Cards, or selling Voucha Gift Cards with the intention of redeeming them after the sale;
(d) modify, adapt, hack or emulate Website or Voucha Services;
(e) use any interface not provided by us to access or extract data from the Website or Voucha Services;
(f) use or development of any third party applications that interact with any Website Content or Voucha Services without our prior consent;
(g) avoid or attempt to avoid any filtering, security measures or other features designed to protect the Website or Voucha Services;
(h) seeking to access or use Voucha Services from any country outside Australia;
(i) circumventing or seeking to damage any security measure or features meant to protect the Website or Voucha Services;
(j) breaches of any representation or warranties listed in clauses 1.10 and 1.11 of the Terms of Use;
(k) use of Voucha Services for any illegal or unauthorised purpose or engaging, encouraging or promoting any illegal activity;
(l) use of Voucha Services for any commercial purpose without our written permission;
(m) perform any other action we deem to not be in the best interests of Voucha, Merchants, Users, our employees, directors, officers, agents, related body corporate or affiliates

(Unauthorised Use)

12.2 You shall be held liable for any Unauthorised Use of the Website or Voucha Services that leads us to incur damages, losses or liabilities.

12.3 If Voucha, in its sole and absolute discretion, believes that you have engaged in Unauthorised Use, we may take various actions to protect ourselves against any damages, losses or liabilities you have caused us or are likely to cause us. Such actions may include:

(a) terminating, suspending or limiting your access to your Voucha account and/or Voucha Services;
(b) keeping possession of any Gift Card you have posted to us and off-setting any loss we have incurred by you against the value of the Gift Card;
(c) withholding payment for any Gift Card you have posted to us;
(d) contacting Merchants, law enforcement and any other third parties impacted by your Unauthorised Use;
(e) cooperating with appropriate law enforcement bodies;
(f) appointing third party collection agencies to obtain amounts owed by you to us; and/or
(g) taking legal action against you.

13. OPTING OUT

13.1 We may provide you with email promotional material from time to time.

13.2 You may opt-out from our email promotions by:

(a) clicking the Unsubscribe link in any emails we send to you; or
(b) sending an email to support@voucha.com.au requesting to be unsubscribed.

13.3 You can read more in our Privacy Policy about opting out.

14. INTELLECTUAL PROPERTY

14.1 All pages and content within the Website, including but not limited to HTML code, software,Algorithms, text, graphics, animation, logos, audio, video, photographs, data, comments or otherwise are intellectual property of Voucha, including all trademarks, service marks,copyright, patents, and trade secrets contained therein.

14.2 Unless we provide you with express consent, you are not permitted to modify, copy,reproduce, display, up-load, post, transmit, or distribute in any way, content available on our Website or through Voucha Services, including without limitation fonts, icons, logos, link buttons, wallpaper or desktop themes.

14.3 We may display logos belonging to Merchants. We do not own the trademarks for these logos. Displaying a Merchants logo is done in good faith to help describe a characteristic of the goods or services on offer. We may or may not have a direct affiliation with a Merchant. Displaying (or not displaying) a Merchants logo should not be considered an endorsement or non-endorsement by us of their products, services or brand. Moreover, it should not be considered an endorsement or non-endorsement by the Merchant of Voucha or Voucha Services.

15. WEBSITE CONTENT

15.1 We make every effort to ensure that the content published on the Website and in our promotional material is accurate, complete and up to date, but we make no guarantee that it is. We will not be held responsible for any errors or omissions in any such content. The content on the Website and promotional material is as is and to the fullest extent permissible by law, Voucha makes no representations or warranties of any kind whatsoever in relation to its content or services.

15.2 Under no circumstances will Voucha be held responsible for any loss or damage resulting from anyones reliance on the content within the Website or any of our promotional material.

16. INDENITY AND LIMITATION OF LIABILITY

16.1 You are to indemnify and hold harmless Voucha, its employees, directors, officers, agents, related body corporates and affiliates, for any direct or indirect losses, damages, costs, liabilities, expenses, claims or injuries relating to or arising out of, or in connection to your use of or reliance on the Website, promotional material, Voucha Services, or any other service we may provide from time to time. This includes but is not limited to:

(a) the use of any third party content on the Website or promotional material;
(b) inability to use the Website or Voucha Services;
(c) the use of the Website or Voucha Services;
(d) delays or errors in making payment to you for the sale of a Gift Card;
(e) delays in posting a Gift Card to you after an order is made; and/or
(f) delays in returning a Gift Card to you following a Sale Rejection.

16.2 To the fullest extent permitted by law, Voucha its employees, directors, officers, agents, related body corporates and affiliates, shall not be held liable for any direct or indirect losses, costs, liabilities, expenses, claims or injuries suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, or in connection with, or in respect of your conduct or breach of the Terms of Use.

17. LINKS TO OTHER WEBSITES OF THIRD PARTY CONTENT

17.1 Some of the content available through the Website or promotional material may contain links to third party websites or contain material belonging to third parties (Third Party Content).

17.2 With respect to Third Party Content, you acknowledge and agree that:

(a) your use of Third Party Content is not governed by our Terms of Use, but those of the respective third parties;
(b) we do not endorse, and have not necessarily verified any Third Party Content; and
(c) we are not responsible for any Third Party Content and do not endorse any advertising or any other content available through the Third Party Content.

18. INVALID OR UNENFORCEABLE PROVISIONS

18.1 If a provision of the Terms of Use is invalid or unenforceable in a jurisdiction:

(a) it is to be read down or severed in the jurisdiction to the extent of the invalidity or unenforceability; and
(b) that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.

19. DISPUTES

19.1 If you have any issues in relation to the Website, promotional material or Voucha Services, then you should email support@voucha.com.au outlining the nature of your dispute.

19.2 Voucha will review your dispute and notify you in the event that we require more information from you. We will take all reasonable measures to rectify your dispute as soon as possible. You agree to fully cooperate with all reasonable requests we make in the resolution process.

20. WAIVER AND EXERCISE OF RIGHTS

20.1 A waiver by a party of a provision or right under these Terms of Use is binding on the party granting the waiver only if it is given in writing.

20.2 A waiver is effective only in the specific instance and for the specific purpose for which it is given. A single or partial exercise of a right by a party does not preclude another exercise of that right or the exercise of another right. Failure by a party to exercise or delay in exercising a right does not prevent its exercise or operate as a waiver.

21. ASSIGNMENT

21.1 Voucha can assign the Terms of Use and its rights or delegate its obligations without your consent.

21.2 All provisions contained in the Terms of Use shall extend to and be binding upon you and Vouchas successors and assignees. You may not assign these Terms of Use to another person or entity.

22. GOVERNING LAW AND JURISDICTION

22.1 The Terms of Use and Voucha Services is government by the laws of Victoria, Australia. Each party irrevocably and unconditionally:

(a) submits to the non-exclusive jurisdiction of the courts of Victoria, Australia; and
(b) waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.