These terms and conditions of use (“T&Cs”) govern your use of www.ultimategiftcards.com.au and all related sites (“Website”). Please read these T&Cs carefully. By registering for and using the Website, you thereby accept these T&Cs. Any violation of these T&Cs may result in the termination of your account as detailed in these T&Cs.

You must not use the Website if you do not agree with these T&Cs.

Ownership

The Website and all of its content (“Content”) is operated and owned by Blackhawk Network (Australia) Pty. Ltd., ABN 84 123 251 703.

Use of Website

You may only use the Website and the Content on the Website for personal purposes, unless we provide express written consent.

You must not:

• copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website, by any means;
• do anything that imposes an unreasonable load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
• breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
• Interfere with any other person’s use or enjoyment of the Website, including by using mail bombing, news bombing, and other flooding techniques, deliberate attempts to overload a system, broadcast attacks or any similar activity. Intentional interference also includes, the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, via any means, locally or via the internet;
• post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
• attempt any unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network (including the Website) or to breach security or authentication measures;
• use any manual or electronic means to avoid any use limitations placed on the website, such as timing out;
• allow unauthorized access to accounts, including any account passwords;
• use the Website or any Content in any way that is unlawful, illegal or breaches our rights or the rights of any third party;
• Forge packet header, e-mail header or any part of a message header. This prohibition includes the use of aliases or anonymous remailers or VPNs; or
• Use the Website in any way that otherwise breaches these T&Cs.

In addition to these T&Cs, our Privacy Statement applies to the use of the Website. You should review our Privacy Statement carefully and not use the Website if you do not agree to our Privacy Statement.

3^rd Party Websites

The Website contains links to other web sites controlled by third parties (“3^rd Party Websites”).  We are not responsible for any content on 3rd Party Websites nor do we endorse or approve such websites. If you choose to visit these 3rd Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on them.

We make no representations about the quality or accuracy of material available on 3rd Party Websites, or that such material does not infringe anyone’s intellectual property rights.

Intellectual Property

Unless otherwise indicated, copyright and all other intellectual property rights in the material published on this Website subsists in us and is subject to copyright.

Reproduction of all or any part of the contents of this Website is prohibited, except to the extent permitted below.

The information on this Website may be viewed online only for personal use. No part of the information may be reproduced, adapted, uploaded or linked to or otherwise distributed, copied or used for any commercial purpose whatsoever.

If you wish to reproduce or otherwise use any of the information contained in this website, it is your responsibility to obtain approval for such use from the copyright owners.

Any failure to adhere to the above copyright obligations will infringe our intellectual property rights.

Disclaimer and Limitation of Liability

We accept no responsibility for the completeness or accuracy of any of the information contained on or accessed through the Website and we make no representation about its suitability for any particular purpose. You should make your own judgments about these matters.

To the extent permitted by law, we exclude all liability for loss or damage arising from the use of, or reliance on, the Content or any other information contained on or accessed through the Website, whether or not caused by any negligence on our part or the part of our customers, contractors or agents.

Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through our Website either as a result of hacking or material placed on linked websites. We make no representations as to the suitability of the information accessible for viewing by minors or any other person.

You assume all risks associated with use of the Website including, without limitation:

• the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Website or your access to it; or
• The risk that the Content of Website and linked websites complies with the laws of any country outside Australia.

Termination of Use

You may stop using the Website, at any time, for any reason.

We reserve the right in our absolute discretion to suspend or terminate at any you’re your access to the Website without notice for any reason, including but not limited to a breach of these T&Cs. The suspension or termination will not affect you or our rights or liabilities.

We may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these T&Cs, or is in breach of law or other regulation. We reserve our right to identify, or bring legal action against, any person who is breaching these T&Cs, including obtaining injunctive relief.

Variation to Terms

We may vary these T&Cs at any time. By continuing to use the Website, you consent to any such variations.

We will not notify of these variations and it is your responsibility to regularly check these T&Cs for any variations.

Governing Law

These T&Cs are governed by the laws of New South Wales in Australia, and any dispute in relation to these T&Cs or your use of the Website will be the exclusive jurisdiction of the Courts of New South Wales.

Miscellaneous

If any of these T&Cs are unenforceable or held to be invalid, such provision(s) will be removed from these T&Cs and the amended T&Cs will remain in full force and effect.

Any failure by us to act or enforce these T&Cs, will not be considered a waiver of our right to take any such action.

These Terms and Conditions are dated July 2016.