THE GIFT MANSION TERMS & CONDITIONS
These terms and conditions apply to the use of the The Gift Mansion website found at www.thegiftmansion.com.au owned and operated by The Gift Mansion Pty Ltd (ACN 151 579 467) ("The Gift Mansion") or any subsequent or additional URL operated by The Gift Mansion from time to time (“Website”).
These terms and conditions specifically refer to the following services (‘The Gift Mansion Gift vouchers”) which may be purchased via the Website:
Experience Voucher – a Gift Mansion voucher for a specific experience.
Gift Certificate – a voucher with a dollar value that can be used as currency to purchase from the Website.
Throughout these terms and conditions, the above services are collectively referred to as 'The Gift Mansion Gift Vouchers'.
Notwithstanding anything else in these terms and conditions, unless otherwise agreed by The Gift Mansion in writing, all contracts for sales via the Website (including, without limitation, sales of The Gift Mansion Gift Vouchers) will be formed in Australia and will be for sales to purchasers based in Australia and all experiences delivered or performed in relation to a The Gift Mansion Gift Voucher will be delivered or performed in Australia.
1. Making a Purchase
When you purchase and/or use a Gift Mansion Gift Voucher and tick the box that says 'I understand and accept the Terms and Conditions', you become legally bound by these terms and conditions. Please do not proceed to purchase/use your The Gift Mansion Gift Voucher until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will be pleased to assist.
The Gift Mansion provides, through the Website and subject to these terms and conditions, a means by which businesses that provide lifestyle and recreational services to customers (“Experience Providers”) can sell The Gift Mansion Gift Vouchers to participants.
The Gift Mansion is the agent of the relevant Experience Provider in respect of each such sale and unless otherwise agreed in writing by The Gift Mansion, neither The Gift Mansion nor any of its affiliates is or will be a party to or have any obligations under any contract entered into between an Experience Provider and a participant in relation to the sale of any items or the performance of any services in each case listed on the Website or otherwise.
In addition to any other rights it may have The Gift Mansion may refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Note that our servers are equipped with 128-bit encryption SSL technology powered by VeriSign (designated security keys from authorised certificate-of-trust distributors) for secure purchases and form ordering made within the shopping area. Users’ are notified of encryption processing when a gold padlock appears on the bottom right of the browser and the address bar turns green. While we take every measure to employ industry accepted security standards, please be aware no security mechanism is 100% secure.
2. Gift Vouchers Refunds
All The Gift Mansion Gift Vouchers (comprising Experience voucher and Gift certificate), which may be identified by the existence of an expiry date, are non-refundable and not exchangeable/redeemable for cash. You can see here where the expiry date is located on your voucher.
3. Exchange of The Gift Mansion Gift Vouchers
If you have received an Experience Voucher that doesn't interest you, you can exchange it for a The Gift Mansion Gift Certificate to use towards purchasing an alternative experience.
Conditions of exchange of Experience Vouchers:
Exchanges are only permitted for valid Experience Vouchers that have not been used, i.e. where an experience date has not yet been booked on The Gift Mansion website in ‘Use My Voucher’ section and where the voucher is still valid.
Experience Vouchers may only be exchanged once without attracting a fee. All subsequent valid exchanges will incur an administration fee of $15 per voucher.
The Gift Mansion reserves the right to discontinue the sale of any experience purchased on an Experience Voucher, but agrees to replace the item discontinued with any other experience to the same value or refund the purchase amount in full.
Exchanges do not apply to Gift Certificates, as valid, unexpired and unused Gift Certificates can be redeemed towards any experience of equal value on the Website.
If you wish to choose an experience of lesser value, any remaining balance will be held in credit on the same Gift Certificate and subject to the same expiry date as the original Gift Certificate. If you wish to choose an experience of higher value, you will be required and prompted to pay the difference.
We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia. Note that The Gift Mansion does not apply transaction fees on purchase.
We guarantee that the purchaser will pay the best price online. If the purchaser is able to find a lower online advertised price for the same experience run by the same operator elsewhere online for the same booking period then The Gift Mansion will endeavour to beat it.
Note that our “Best Price Guarantee” does not apply to unpublished rates, such as: private rates; promotional rates, loyalty programs, corporate discount rates, or rates of any organization with rates intended for a specific group of individuals and not meant for the general public.
5. Transfer of The Gift Mansion Gift Vouchers
All valid and unused The Gift Mansion Gift Vouchers are fully transferable. The Gift Mansion accepts no responsibility for any stolen or fraudulent The Gift Mansion Gift Vouchers. It is the holder's responsibility to ensure the safe keeping of The Gift Mansion Gift Voucher.
6. Lost The Gift Mansion Gift Vouchers
If a The Gift Mansion Gift Voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them.
Conditions for replacement of lost The Gift Mansion Gift Vouchers:
The voucher is still valid and has not yet been exchanged or used.
Proof of purchase is provided; either an order number, purchaser's full name or purchaser's email address.
The Gift Mansion is able to correctly verify you as the original recipient.
Please note it is the voucher recipient's responsibility to obtain and provide The Gift Mansion with all required verification details. Failure to do so will mean no replacement voucher can be issued.
7. Expiry & Extensions
The Gift Mansion Gift Vouchers Expiry
The Gift Mansion Gift Vouchers must be used within 12 months of purchase (date booked and experience taken).
The expiry date of the original voucher is always maintained, even when exchanged for a The Gift Mansion Gift Certificate. Expired vouchers are non-refundable in whole or in part. After a voucher has expired, it is no longer valid and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of The Gift Mansion.
The expiry date is clearly displayed on all The Gift Mansion Gift Vouchers. You can see here where the expiry date is located on your voucher.
Conditions for Extension
Extensions are not permitted The Gift Mansion Gift vouchers under any circumstances.
8. Delivery of The Gift Mansion Gift Vouchers
It is the responsibility of the purchaser to correctly address gifts, whether by email or post. The Gift Mansion cannot be held responsible for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
All The Gift Mansion Gift Vouchers are dispatched from The Gift Mansion's Sydney Office (Postcode 2086). Screen view, print and delivery via Email is free, delivery via Standard Post or Express Post will incur additional charges. All delivery charges are non-refundable.
A redelivery charge will apply (depending on the delivery method chosen) if the item is lost after receipt, if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item.
Delivery of The Gift Mansion Gift Vouchers via Email
Delivery via Standard Post (Australia only)
Standard Post delivery is via Australia Post. The Gift Mansion accepts no responsibility for any damage, loss or delay as a result of using Australia Post's service. If for any reason your The Gift Mansion Gift Voucher doesn’t arrive, please contact us immediately and we can arrange for the Gift Voucher emailed to you free of charge.
Delivery via Express Post (Australia)
Express Post delivery is via Australia Post. The Gift Mansion accepts no responsibility for any damage, loss or delay as a result of using Australia Post's service. We can provide you with the Express Post tracking code to contact Australia Post in the event you need to locate the whereabouts of your delivery.
Australia Post only guarantees next day delivery to certain postcodes nationally. To view this list, please visit Australia Post
A redelivery charge of $6 will apply if the item is lost after receipt, if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item. Alternatively, we can arrange for a The Gift Mansion Gift Voucher emailed to you free of charge.
9. Providers of Experiences
The Gift Mansion Gift Vouchers are sold by The Gift Mansion as agent for Experience Providers. The Gift Mansion is not a provider of such services or experiences and has no responsibility for any services or experiences provided or not provided by the Experience Provider or any other party. The Experience Providers provide services directly to customers. The Gift Mansion makes no warranty or representation regarding the standard of any service to be provided. All The Gift Mansion Gift Vouchers are issued subject to the terms and conditions of each Experience Provider and these The Gift Mansion terms and conditions. We do not control the business operations of any Experience Provider. We make no guarantees or warranties about the services that are provided to you by the Experience Providers.
Any goods or services supplied or made available through the Website are supplied by the Experience Provider or related third parties and not by The Gift Mansion (unless agreed otherwise by The Gift Mansion in writing). Any dealings between the Experience Provider and the participant or such third parties, delivery of services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between the Experience Provider and the participant. The Experience Provider and the participant each agree not to hold The Gift Mansion liable for any loss or damage of any kind incurred as the result of any such dealings.
10. The Gift Mansion's Liability
The Australian Trade Practices Act (1974) may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. Nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the Trade Practices Act 1974 (Australia) (TPA). Except to the extent permitted by the Trade Practices Act, or other applicable law, these terms are to be modified to the extent necessary to give effect to that intention.
Subject to the previous paragraph of this clause 10, The Gift Mansion has no liability for any act, omission or default, whether negligent or otherwise of any Experience Provider or third party. The Gift Mansion has no liability for any loss or damage occasioned by any negligent act or omission of any Experience Provider or third party. Where The Gift Mansion's liability cannot be excluded, such liability is limited to the value of the The Gift Mansion Gift Voucher purchased.
Subject to the first paragraph of this clause 10, we exclude all responsibility in relation to the goods and/or services supplied under a The Gift Mansion Gift Voucher. If any issue does arise, you will have recourse directly against the Experience Provider.
The participant pledges that no legal action will be initiated by it against The Gift Mansion, its clients, its agents, employees, instructors, and/or personnel, due to any accident or injury sustained during the course of undertaking an experience booked through the Website.
11. Availability of Experiences
All experiences are offered by Experience Providers subject to availability. Bookings should be made at least 2 weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalised until you have received the email entitled "Confirmation of your booking". Please be advised that some experiences display availability dates on the Website. These dates are guidelines only and are subject to change.
12. Contact Details Given to Experience Providers
It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the experience booking process on the Website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience. As the Experience Provider will be expecting you, you may end up forfeiting your voucher (subject to the Experience Provider's terms and conditions).
13. Booking Cancellations
Once your booking has been made, if you cancel it, you may incur a cancellation fee from the Experience Provider. Our Experience Providers have their own cancellation policies which you are bound to follow. In the case of short notice cancellations by you, you may lose your voucher completely if the Experience Provider is unable to fill your space on the day.
If an Experience Provider needs to cancel an experience for any reason, you will be notified as soon as possible in order to reschedule a convenient alternative date. The Gift Mansion will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.
14. The Weather
Many experiences are weather dependent. You will have the Experience Provider's details so you can call to confirm whether adverse weather affects your proposed experience. We suggest you call on the morning of your experience if you have any doubt about the weather suitability. If bad weather affects a booking it will be rescheduled at no cost to you. You are required to reschedule as the voucher is non-refundable.
15. Complaints or Problems During Your Experience
If you have a problem or a complaint on the day of your experience, please bring this to the Experience Provider's attention immediately so that issues may be addressed on the spot, where possible. It is important you do this so that both parties have immediate access to a solution. Our ability to offer an adequate solution after the day is often limited if this is not done.
We have no obligation to resolve any dispute between you and any merchant, retailer or other user of the The Gift Mansion service. If there is any such dispute, you agree that you do and will release The Gift Mansion Pty Ltd and its officers, employees, agents and successors from any loss of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or unliquidated, or otherwise related to such dispute.
Some of the experiences that we promote as agent are considered dangerous. Prior to ordering or participating in any experience you should be aware of the risks involved. The Gift Mansion can provide further information if you are in any doubt about any experience. We require our Experience Providers to hold appropriate and valid public liability insurance before we will promote their experience(s) as agent and we make no warranty or representation about their services whatsoever. The responsibility rests with you to make independent enquiries with the Experience Provider or other third parties as to the need to acquire your own insurance cover.
The Participant warrants that he/she does not suffer from any medical condition and/or incapacity which may impair the participants ability to participate in The Gift Mansion experiences and further, that the participant does not suffer from any heart condition, epilepsy or other medical condition which may result in the participant potentially placing himself/herself in a position of risk, by undertaking experiences booked through the Website.
17. Descriptions of Experiences
Independent Experience Providers provide the information about their experiences. We try to ensure that our promotional information is accurate and up-to-date. However, the content or format of some experiences may change slightly from time to time. The Experience Provider (upon confirmation of each booking) will provide the final details about each experience. The Experience Provider will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the Experience Provider's terms and conditions at the time your booking is confirmed by the Experience Provider.
18. Illustrations on the Website
The photographs used on the Website to illustrate single or multi-location experiences are provided to us by Experience Providers and are used as an indication only of the machines, vehicles, craft, venues and animals you will experience.
19. Experience Locations and Transportation
The Experience Providers are located at many of Australia's best locations. We are continually adding locations but occasionally we may need to stop featuring some venues. Where locations are described as "Australia-wide" the description is indicative only. Some experiences may not be available in remote areas.
All experiences unless expressly mentioned in the experience details are supplied excluding transportation to and from relevant venues.
20. Experience Session Length
Experience session lengths are approximate and are given by Experience Providers as a guide to the total time you will be at their venue. Unless otherwise stated, you will normally take your turn with the Experience Provider's other customers and there may be waiting time involved. Any itinerary provided to you is indicative only and the order of events may change.
21. Revisions and Errata
The materials appearing on The Gift Mansion's website could include technical, typographical, or photographic errors. The Gift Mansion does not warrant that any of the materials on its web site are accurate, complete, or current. The Gift Mansion may make changes to the materials contained on its website at any time without notice. The Gift Mansion does not, however, make any commitment to update the materials.
22. Restrictions on Taking Experiences
Certain experiences provided by Experience Providers are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page and also in the email of your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience.
23. Promotional Offers
The Gift Mansion offers promotional discounts and special offers from time to time ('Promotional Offers' or 'Promotional Codes'). If you have a Promotional Code, it should be entered at the checkout screen where prompted. By redeeming any of The Gift Mansion's Promotional Codes or Promotional Offers, you agree to accept and comply with all of the following terms and conditions of use.
If you have been provided a valid Promotional Code, you must enter it into the designated field in the shopping cart. Otherwise, your discount will not be applied.
Promotional Code must be used before the designated expiration date. No extension will be allowed under any circumstances.
Promotional Codes and Promotional Offers cannot be combined.
Multiple discounts do not apply. Please make sure you redeem the Promotional Code and Promotional Offer which give you the maximum discount available.
The Gift Mansion reserves the right to verify the validity of Promotional Code use at any time.
Promotional Offers and Promotional Codes cannot be used in conjunction with Gift Certificates.
The Gift Mansion reserves the right to remove any Promotional Offer or Promotional Code without notice at any time.
24. Other Information
The text and illustrations (including photographs) used by The Gift Mansion are protected by copyright and must not be copied in whole or in part with the express permission of The Gift Mansion.
25. Copyrights and Trademarks
The Gift Mansion logo and other names, logos, icons and marks identifying our products and services are trademarks of The Gift Mansion and may not be used without our written permission. All rights not expressly granted in these terms and conditions are reserved to The Gift Mansion. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.
26. No resale or commercial use
You agree not to resell or make any commercial use of The Gift Mansion service without the express consent of The Gift Mansion.
27. My Gift Mansion Account
The My Gift Mansion Account service is provided by the Website. By using the service, you agree to the following:
when you register or create an account, or when you make a contribution to an Group Gift, you will submit either a valid e-mail address and select a password and user name or use your Facebook account to connect to My Gift Mansion account;
all information that you submit will be valid and non-fraudulent;
you will keep confidential all aspects of your account;
you are responsible for any and all uses of your account, whether or not you’ve authorized such use;
you will keep confidential all aspects of other user’s account information;
you will immediately notify us of any unauthorized use of your account. We reserve the right to terminate the account of any user and deny service to any user for any reason.
28. The Gift Mansion Chipin Gift
By using the The Gift Mansion Chipin Gift service (“The Gift Mansion Chipin Gift Service”), either as an organizer of a gift (“Chief Chipper”) or a contributor to a gift (“Chipper”), you agree to these Terms in addition to The Gift Mansion terms and conditions above.
Chipin Gift Definition
The Gift Mansion Chipin Gift Service is a service that enables users to pool resources to purchase experiences gifts. To use The Gift Mansion Chipin Gift service, a Chief Chipper will first create a Chipin gift event, which includes selecting an experience or experiences, inviting participants to contribute to the purchase of the experience or experiences, and several other pieces of information and parameters, such as specifying how a Chipper may or must contribute. After a Chipin Gift event is organized, invited participants can contribute funds towards the purchase of the experience or experiences include in the event, and then become Chippers.
You agree to use the Chipin Gift Service solely for personal purposes, and not to use the Service to provide any services as a business to third parties. You agree to use the Chipin Gift Service in accordance with the restrictions and limits established by The Gift Mansion from time to time, which are described in the FAQs or otherwise on the Website.
Your Use of the Chipin Gift Service as a Chief Chipper
To use the Chipin Gift Service as a Chief Chipper, you must have a My Gift Mansion account. There are some limitations on how a Chief Chipper can organize an event. For example, a Chief Chipper cannot modify the delivery date or add participants after the contribution deadline has passed, although if an event is not fully funded at the contribution deadline, a Chief Chipper will have a grace period to revise the contribution deadline. Also, once an event is fully funded, no changes to that event are permitted. Additional limitations will be communicated to the Chief Chipper during and after he or she organizes an event, and communicated to a Chipper when he or she contributes. When you make a contribution to an event, you agree and accept all the terms and conditions (as may be modified) set by the Chief Chipper and The Gift Mansion.
Your Use of the Chipin Gift Service as a Chipper
To use the Chipin Gift Service as a Chipper, you must have a My Gift Mansion account. When you use the Chipin Gift Service as a Chipper, you understand and acknowledge that you are transferring money to the Gift Mansion in order to purchase the gift on behalf of the group, and that you are not acting as the buyer of the item. Note that the Chief Chipper can purchase a different gift than the one originally planned.
The Gift Mansion is the agent of the relevant Experience Provider in respect of each sale using the Chipin Gift Service and unless otherwise agreed in writing by The Gift Mansion, neither The Gift Mansion nor any of its affiliates is or will be a party to or have any obligations under any contract entered into between an Experience Provider and a participant in relation to the sale of any items or the performance of any services in each case listed on the Website or otherwise. For these purposes the “participant” shall be the Chief Chipper only (and not any Chipper) and no other Chipper shall be party to or have any rights under any contract formed in relation to the Chipin Gift Service.
Chipin Gift Event Status
An event is fully funded when Chippers contribute an aggregate amount equal to the Chipin Gift event amount.
An event is under-funded when Chippers contribute an aggregate less than the entire Chipin Gift event amount.
An event is over-funded when Chippers contribute an aggregate amount greater than the entire Chipin Gift event amount.
Chipin Gift event amount
The experience price, taxes and shipping charges aggregate to constitute the Chipin Gift Event amount. It will be communicated to the Chief Chipper as he or she builds a Chipin Gift event, although only the aggregate of these charges will be communicated to a Chipper when he or she contributes.
You understand and agree that when you make a contribution to a Chipin Gift event, you will be charged a non-refundable contribution charge, which will not be applied to the funding of an event or to any Gift Certificates that may be issued if the event is over-funded or under-funded. (What happens when an event is over-funded or under-funded is discussed below.) The contribution charge is currently fifty cents per contribution and will be used to offset the cost of financial transactions resulting in multiple contributions. We may change the contribution charge by posting notice in these terms and conditions or by notice when you make a contribution.
In addition, you agree that once your payment details have been entered (at the contribution stage), your payment is regarded as final and cannot be refunded (even if the event is over-funded or under-funded).
Chipin Gift service Status
If an event is not fully funded by the contribution deadline date, the Chief Chipper will have until 11:59 PM on the day after that date to extend the contribution deadline, subject to certain limitations disclosed to the Chief Chipper by email or within the Chief Chipper’s account on The Website.
If the event to which you contributed is fully funded before or at the contribution deadline or revised contribution deadline, we will apply all contributed funds (less your contribution charge) for payment of the Experiences or Gift Certificates in the event.
If the event to which you contributed is under-funded at the contribution deadline or revised contribution deadline, we will apply contributed funds (less your contribution charge) for payment of a Gift Certificate of equal value (no extra charges apply). The Gift certificate will be issued to the recipient specified in the event promptly after the contribution deadline or revised contribution deadline.
Third Party Services
The Chipin Gift Service enables you to leverage the services you receive from third parties such as social networks and email service providers. For example, the Chipin Gift Service enables you to invite Chippers via your Facebook account and to import your contact lists from certain email providers. You agree to comply with the terms for these third party service providers and you represent that your use of these third party services do not violate any applicable laws.
The Gift Mansion Right to Terminate
Without limitation to any other rights it may have, The Gift Mansion retains the right to suspend or terminate any Chipin Gift, or any other contract formed pursuant to these terms and conditions, at any time if it reasonably believes that the group gift or other transaction is in any way associated with activity that is illegal or that violates the The Gift Mansion Terms and Conditions.
29. Email Newsletter
If a visitor wishes to subscribe to our newsletters, we ask for contact information such as name and email address which is either gathered prior to their finalising a booking, or in our Email section. By becoming a subscriber you consent to receive from us our email newsletter, any special offers or site update information that we think may be of interest to you. We will not share your information with any third parties.
30. Correction/Updating Personal Information
For email subscribers you will be able to update your information (name, email address and interests) within the 'My Gift Mansion' section of the site. For customers, you will have an opportunity to change your details when you next make a purchase.
You may request deletion of your ‘My Gift Mansion’ account by visiting our Account Deletion page, verifying your password once more and confirming your choice to terminate the account.
To the extent permissible by applicable law, in no circumstance, including (but not limited to) negligence, shall we be liable for your reliance on any information on this site, nor shall we be liable for any direct, incidental, special, consequential, indirect or punitive damages nor any loss of profit that result from the use of, or the inability to use, this site or any material on any site linked to this site even if we have been advised of the possibility of such damage. In no event shall our liability to you for all damages, losses and causes of action whatsoever, whether in contract, tort (including but not limited to negligence) or otherwise exceed the amount, if any, paid by you to us for gaining access to this site. As well, although The Gift Mansion endeavours to keep its website free from viruses, it can accept no liability for a guaranteed virus-free site. The user of the website is to take all necessary precautions to prevent viruses before downloading any information, software and documentation from it.
The user must bear the risk associated with the use of this site. We do not guarantee permanent availability, nor do we accept liability for the correctness, completeness and functionality of the contributions, offers and services provided. Our liability is determined by the legal terms and conditions. We shall not be held liable for damages incurred – directly or indirectly – by browsing this website. This website and the services linked with the same are operated with respect to utmost care, reliability and availability. However, for technical reasons it is not possible that these services will be accessible without interruption, that the desired connections can always be established, or that data once saved will be retained under all circumstances. Permanent availability cannot be guaranteed. IP connectivity to other providers is effected subject to capability. We do not assume liability for problems caused by third-party net providers. The use of other network providers is subject to the terms and conditions of the respective provider. Force majeure, strike, limited performance of other providers, repair- or maintenance work may cause cutbacks or interruptions, for which there is no liability whatsoever.
These terms and conditions are governed by, and construed in accordance with the laws of Western Australia, Australia, with the exception of the Australian conflict of law rules, and you hereby submit to the non-exclusive jurisdiction of the Australian courts. This clause will survive any expiry, cancellation or termination of these terms and conditions for any reason.