Website Terms of Use

Last updated 27th October, 2020

1. Background

1.1  The website available at gimmie.wpengine.com (the Website) is owned and operated by The Gimmie Group Pty Ltd ABN 38 622 633 550 and MRG Custodians Pty Ltd ABN 24 166 390 969 Australian Credit Licence 450508 (we, us, our).

1.2  By using the Website, and in consideration of us providing you with access to the Website, you agree to the following Terms of Use, which govern your access to and use of the Website.

1.3  In these Terms of Use, “you” refers to:

(a)  you as an individual; and

(b)  if you are using the Website on behalf of an entity (such as a company or other organisation), that entity.

1.4  If you do not agree to these Terms of Use, you must not use or access the Website. If you are agreeing to these Terms of Use on behalf of an entity, you represent that you have authority to bind that entity.  If you do not have such authority or you do not agree to these Terms of Use, neither you nor the entity may use the Website.

1.5  We may, from time to time and without notice:

(a)  change, add to, or remove content or functionality of the Website (including the types of products and services that you can access through the Website); and

(b)  cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of the Website.

1.6  We reserve the right to amend these Terms of Use from time to time without giving specific notice to you. We will publish the amended Terms of Use on the Website.

1.7  You should periodically review the Terms of Use and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website, you will be deemed to have accepted the changes to the Terms of Use.

2.  Purchasing products and services including credit products

2.1  The Website contains information about products (including credit products) and services that may be available for purchase.

2.2  Credit products and/or services are provided by MRG Custodians Pty Ltd ABN 24 166 390 969 Australian Credit Licence 450508.

2.3  The product and service listings on the Website (including information regarding product availability, brands, specifications and pricing) are indicative only, and are subject to confirmation by us when you submit a purchase or credit request.

2.4  While we use our best efforts to ensure that all details, descriptions, availability information and prices that appear on the Website are accurate and up-to-date, errors (including pricing and availability errors) may still occur from time to time. We reserve the right to update product and service listings on the Website at any time, without notice.

2.5  When you submit a purchase or credit request, you are offering to enter into an agreement to purchase or obtain credit for (as applicable) the relevant products on the prices and specifications set out in your request. We may either:

(a)  accept your purchase or credit request as submitted;

(b)  provide you with an alternate quotation (for example, if the product or service that you have requested is not available) – you may choose whether to accept or reject this alternate quotation; or

(c)  decline your purchase or credit request at our discretion.

2.6  If we agree to sell you a product and/or credit service, our sales terms and credit terms ( Gimmie Plan Terms and Conditions) will apply. Please review our sales and credit terms carefully before submitting a purchase request or application for credit.

2.7  You are responsible for making your own independent inquiries about the products and services listed on the Website and considering whether they meet your needs and requirements. Please contact us if you have any questions or require further information.  You should not use the product and service information on the Website as the sole basis for your decision to purchase a particular product or service or to apply for or obtain credit.

2.8  Our terms of trade in relation to Orders and Fulfilment and Delivery, Returns and Warranty is referenced into these Terms of Use. Click here for Orders and Fulfilment and Delivery & Returns.

2.9  Each published saving in respect of a product is by reference to the normal ticketed price.

2.10 Images of products shown without any advertised price beside that image are not offered for sale.

2.11 Unless otherwise stated, any accessories shown in any image of products are not included in the price.

3. Account security

3.1  When creating an account for the Website, you will be asked to choose a username and password. You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities engaged in using your account (whether or not the access is authorised by you).

3.2  Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another member at any time, and must not disclose your account password to any third party.

3.3  You must notify us immediately if you suspect any unauthorised use of your account or access to your password.

3.4  You must not create an account for the Website if:

(a)  you are under the age of 18 (unless your parent or guardian has consented to you creating an account, and supervises your access and use of the Website); or

(b) we have temporarily or permanently suspended your right to use the Website under clause 5.

4.  Requirements when you use the Website

4.1  You must:

(a)  ensure the accuracy, completeness and lawfulness of any information or material you submit using the Website functionality;

(b)  not use the Website in breach of any applicable laws or regulations;

(c)  not use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;

(d)  not frame or mirror any part of the Website without our written authorisation; and

(e)  not interfere with, disrupt, or create an undue burden on the Website.

4.2  Without limiting the above, you must not and must not permit a third party to:

(a)  use any unauthorised method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any data or content from the Website (this does not prevent you from using any authorised download or data export function that is available through the Website’s user interface once you have logged into your account);

(b)  circumvent, disable or otherwise interfere with security-related features of the Website; or

(c)  do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website, or upload or permit any virus or malicious code to adversely affect the Website or any associated equipment or data.

4.3  In this clause 3, “Affiliates” means a party’s officers, employees, agents, contractors, suppliers and licensors. You agree to indemnify us and each of our Affiliates against any claims arising out of your or any of your Affiliates’ breach off these Terms of Use (and any other terms and conditions which incorporate these Terms of Use).

5.  Investigating prohibited uses of the Website

5.1  We may, at any time and at our discretion, investigate any reported or suspected breach of these Terms of Use (or other unauthorised or unlawful use of the Website) by you or any other user.

5.2  Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, the quality of the services and our reputation. These actions may include (but are not limited to):

(a)  suspending or terminating user accounts;

(b)  reporting any unlawful conduct to the appropriate authorities; and

(c)  otherwise taking appropriate legal action.

We may take such actions without notice to you, and we will not be responsible for any loss, cost, damage or liability that may arise in connection with these actions.

6.  Intellectual Property

6.1  Unless otherwise indicated, the intellectual property rights in the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Content) are either owned by us, or licensed to us, and all rights in the Content are reserved.

6.2  We grant you a limited right to access the Website and view the Content, subject to these Terms of Use. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Content without the permission of the owner of that Content. We reserve the right to review, edit, move or delete any Content from the Website at any time without notice.

6.3  If you submit any content or material to the Website or provide us with any ideas, concepts or suggested improvements to the Content or our services (User Content), you grant us a non-exclusive, perpetual and royalty-free licence to use, modify, adapt, publish and exploit the User Content for any purpose without reference to you.

6.4  You warrant that you have all rights and permissions necessary to provide, upload and grant the licence to the User Content to us and you agree to indemnify us if any third party takes action against us in relation to the User Content you provide (including any allegation that the User Content infringes any person’s rights, including intellectual property rights, or breaches any law). If you post any User Content to the Website, we have the right to take it down or modify it at our sole discretion and without notice.

6.5  We reserve the right to aggregate and analyse data that we collect through the operation of the Website. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the Website in the course of using the services.  We may use data analytics tools to produce reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices.

7.  Linking and Third Party Content

7.1  The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).

7.2  Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.

7.3  If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

8.  Cookies

8.1  The Website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service.  A ‘cookie’ is a small text file placed on your computer by our web server.  A cookie can later be retrieved by the Website’s servers.  Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.  Cookies do not alter the operation of your computer or mobile device in any way.

8.2  It is recommended that you accept cookies to make full use of the Website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the Website’s administration, statistical and maintenance purposes.  Any such information will be aggregated and not attributed to individual users.

8.3  Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use the Website to the fullest and optimum extent.

9.  Privacy

9.1  Our Privacy Policy is incorporated by reference into these Terms of Use. Our Privacy Policy contains important information about:

(a)  how we manage your personal information (including credit-related personal information);

(b)  how you can access and correct information we hold about you; and

(c)  how you can submit a privacy complaint and how your complaint will be handled.

9.2  By using the Website, you agree that we may collect, hold, use and disclose your personal information as described in these Terms of Use, our Privacy Policy and any other privacy notices that we provide you during your use of the Website.

9.3  When you use the Website and the services, we collect personal information that you provide to us or generate through your use of the Website. This personal information is used for:

(a)  any specific purposes for which you provided it to us;

(b)  the general operation of the Website, so that you can access and use the functions and services of the Website; and

(c)  other purposes as set out in the Privacy Policy or otherwise notified to you.

9.4  If we request information and you decide not to provide us with the information (or authorise us to collect the information from third parties), we may not be able to provide you with the products and services that you have requested.

10.  Disclaimer

10.1  In this clause 10, Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

10.2  Nothing in this clause 10 limits, restricts, modifies or excludes:

(a)  any rights or remedies you have under the Consumer Guarantees; or

(b)  any other rights or remedies that cannot be lawfully excluded by agreement of the parties.

10.3  The Website and its contents are provided “as is”. By accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.  With the exception of any Consumer Guarantees that might apply, we exclude:

(a)  any term, condition or warranty that may otherwise be implied into these Terms of Use, including (but not limited to) any term, condition or warranty that:

(i)  the Website or any of its functions will be uninterrupted or error free;

(ii)  defects will be corrected; or

(iii)  the Website or any server that makes it available is free of errors, viruses or malicious code;

(b)  any liability for loss or damage incurred as a result of or in connection with our negligence; and

(c)  any liability for special, indirect or consequential loss however caused (including negligence), arising out of or in connection with the Content, the use or performance of the Website or any services provided by us in relation to the Website.

10.4  Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:

(a)  the supplying of the services again; or

(b)  the payment of the cost of having the services supplied again,unless:

(i)  the goods or services supplied are goods or services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;

(ii)  it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or

(iii) the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.

11.  General

11.1  These terms and conditions are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.

11.2  If we do not take action in relation to a particular breach of these Terms of Use, this will not be treated as a waiver by us of any right or remedy in respect of any existing or future breach of these Terms of Use.

11.3  If a provision in these Terms of Use is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part must, to that extent, be treated as deleted from this agreement for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms of Use.

12.  Contact details

If you have any queries regarding these terms and conditions, please Contact Us.