Retailer & Partner Agreement

Introduction

Welcome to the www.giftsms.com.au, a service provided by Gift SMS Pty Ltd. In using the Giftsms.com.au service, of Gift SMS Pty Ltd you are deemed to have accepted the terms and conditions listed below.

Gift SMS Pty Ltd., ("Gift SMS Pty Ltd," "the Company," "we," or "us,") provides certain websites, including the websites available at the domain name www.giftsms.com.au and www.giftsms.com (each, a "Site") and certain services made available to registered Partners of the Sites ("Services"). This Gift SMS Partner Agreement is the legal agreement ("Agreement") between you and Gift SMS governing your use of the Services. Please read this Agreement carefully. Gift SMS is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. You accept the terms and conditions of this Agreement by registering for and using the Services. If you are unwilling to accept this Agreement, do not use Gift SMS and its Services.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Gift SMS Pty Ltd you agree to be bound by the Terms and Conditions.

Description of Services

You now can login to your profile and make Gift SMS transactions, view reporting, invoicing, statuses and update certain areas which Gift SMS gives you access to in our web portal. You will be required to provide bank account details so Gift SMScan settle the gift voucher funds into your account.

Description of Gift SMS transactions

Subject to your compliance with the terms and conditions of the Partner Agreement and also the giftsms.com.au site's terms & conditions, Gift SMS allows your company to use our Gift SMS Services, for direct sales from your website and also able to redeem mobile gift vouchers using any of our redemption standards that include phone, internet, web portal, API's, software's.

You will only be allowed to redeem the vouchers for up to its actual amount. Should your customers wish to purchase over the Gift SMS voucher amount, they must pay with cash or any other means which is accepted by the Gift SMS Partner/retailer/vendor.

All transactions displayed on our sites and services include GST. Gift SMS provides automatic daily settlement into the retailer/vendors nominated bank account, and also monthly statements sent in PDF format via email with a detailed summary of vouchers purchased for the previous month.

Partners Agree and Confirm

1. You must make best effort to accept our mobile gift vouchers at the time of purchase using one of our redemption options.

2. Upon registration Gift SMS must first approve your company before being able to use our services and accept mobile gift vouchers in store, you will be notified via email.

3. Mobile gift vouchers must be redeemed in one transaction.

4.The validity of the voucher is 12 months from date of voucher delivery without warranties thereafter. Retailer/vendors must accept these validity periods upon accepting this agreement.

5.Gift SMS will make best efforts to advise the voucher holder to redeem the voucher in your store by sending reminders from time to time using one of our communication methods.

6. It is at the retailer/vendors discretion whether they will give cash back, or refund by any other means other than the refund option provided by us. For example, if a customer only wants to spend half the amount on the voucher, it is the retailer/brand/vendors call whether they will refund the money via cash, card or if at all. Gift SMS takes no responsibility in the matter.

7. We take no responsibility for misuse of the service and any fraudulent activities. In the case that we feel fraudulent activities are taking place, Giftsms.com.au reserves the right to recover the cost of goods, collection charges and lawyer’s fees from partners using our services fraudulently. Giftsms.com.au reserves the right to initiate legal proceedings against such companies for fraudulent use of our services and any other unlawful acts or omissions in breach of these terms and conditions. We also reserve the right to suspend your ability to use the service without refund and may terminate this agreement effective immediately without notice.

8. Gift SMS are providing these services as a new technology gifting service to further enhance the shopping experience for your customers. At no point does Gift SMS guarantee minimum mobile gift vouchers purchased from our site/s or software. It is purely based on customer preference of purchasing.

9. We also take no responsibility for late payments made to our gifting partner due to 3rd party banking issues or any other issues which may arise which are not in Gift SMS's hands. We will make best efforts to attempt to identify the issue and resolve in a timely manner.

10. Gift SMS are providing our services on a 'as is' basis and if there is any part of the service which is faulty or not working correctly, we take no responsibility for loss of business, costs or reputation. We must be notified via email support@giftsms.com.au straight away so we can rectify the issue in a timely manner.

11. Gift SMS is a service provider to your customers and we are the mediators in between your customers and the transaction. Gift SMS will try its best to provide a seamless transaction and an overall excellent experience for both you and customers. We will educate your customer using certain methods on our website and also via telephone and email support.

12. Gift SMS may provide promotions, competitions and products for purchase, it is up to the gifting partners discretion whether they will participate. At no point will Gift SMS force participation or purchase.

13. Gift SMS reserves the right to update our retailers and partner agreement at any time without notice.

14. We may use certain information from your website to help the sales of a mobile gift voucher on behalf of your company. This information we may upload to our website to further increase customers knowledge inside your brand.

15. Gift SMS may first review your current business and it is up to the judgment of the Gift SMS review staff if we will allow your company to use our service or partner with us. Gift SMS have certain guide lines as to who we partner our services. If it is found that your business is not suited, nor approved by our staff, a complete refund of your money will be given.

16. Gift SMS will provide, training through documentation, phone support for redemption methods inside your business, never will Gift SMS be liable for the hand over of goods/services in an incorrect or misused attempt of redemption where you have failed to redeem vouchers correctly, using our system provided to you. In any case your business will bear all cost involved.

17. In the case that you would like to cease using our services, you are able to stop "the sale" of your vouchers, made available through the Gift SMS website and also through your own pop-up installed on your website immediately. However, you are liable and required to redeem any purchased but unredeemed vouchers for up to 12 months of the recipient receiving their voucher. Moreover, if you have customers who have unredeemed vouchers and are still valid, you are required to redeem them for up to the expiry date as you are being paid prior to the customer voucher redemption date. In the case that you would like to cease our services, you must do so in writing via e-mail to accounts@giftsms.com.au. We will then make aware, of the total amount of vouchers unredeemed, and you are required to use our redemption process for the remaining expiry period. You are required by this agreement to use our services for up to 12 months from the last SMS gift voucher sold. We will notify you via e-mail of your last voucher sold, dating forward then 12 months to your cancellation of service date.

Credit Card Processing

Gift SMS process credit cards and obsorb all merchant fee's & charges on voucher purchases. If for any reason a chargeback is required to the credit card holder, the fee's will be passed directly onto the retailer/vendor and charged at $33.00 per chargeback billed from GiftSMS Pty Ltd. We also have the right to either; 1)Remove the Gift SMS Voucher from our system in the case that the voucher has not been redeemed inside the vendor/merchant/business 2) Recover the full voucher amount from the merchant IF the Gift SMS Voucher has already been redeemed.

Gift Vouchers Onus

Gift SMS generates Gift SMS vouchers on requests of purchase, on behalf of the retailer/vendor and will own the voucher in full until time of redemption. Gift SMS reserve the right to manage our Gift SMS Vouchers in a certain way that protects the consumer in the case that the retailer/vendor does not honor the voucher or if the retailer/vendor business closes down. Gift SMS will invoice the retailer/vendor for the full outstanding amount of the voucher(s) which have yet to be redeemed, and in which you will be incurring all fee's and any additional charges relating to the matter.

Unfortunately these are standard conditions that must be imposed to ensure we provide a fair, secure and honest service to both our customers and retailer/vendor/merchants.

Voucher Settlement Reports

We settle our accounts daily, which means the retailer/vendor are paid on a daily basis which reflect the vouchers that were purchased the previous day. If for any reason whether technical or out of Gift SMS's control vouchers cannot be settled that day they will be processed the following day.

Retailers/vendors have complete access to reporting features inside the web portal and will also be issued monthly statements in PDF format sent via email.

Service Costs

GiftSMS provide a SAAS (software as a service) to retailer/vendors and also managment of vouchers through our platform as advertised on our site and documents.

GiftSMS services will be free of charge to get startedAU$0-(inc GST) . But each transaction we process for their vouchers will incur a transaction fee of $2 + 5% unless otherwise informed in writing.

Convenience Fee

In order for Gift SMS to process vouchers, we charge a small convenience fee to the end customer of $2.95(inc gst) at the time of purchase and is clearly displayed in the checkout area's and paid to directly Gift SMS.

Refund Policy

We provide a 14 day money back guarantee to retailer/vendors that have paid if they decide for any reason they would like to discontinue using our services.

You accept the terms and conditions of our agreement/s by registering for and using the Services. If you are unwilling to accept the agreement/s, do not use Gift SMS and it's Services.