Terms and Conditions

Terms of Use

Thank you for using Gimme! These Terms of Service (“Terms”) govern your use of the Gimme services, including Gimme’s website, Gimme’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Gimme (collectively, the “Services”), and are entered into by you and Gimme Systems (“Gimme”).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with Gimme’s Privacy Policy.

The Services comprise with 2 main options:

PERSONAL SHOPPER: First, it presents you with a set of one or more retailers or retailers you can nominate from which you can select goods for picking, packing, and delivery by third party providers of such services (“Personal Shopper”)

PERSONAL COURIER::Second, a personal courier service that enables you to arrange and schedule delivery services with third-party providers of such services (“Personal Courier”)

1. PERSONAL SHOPPER

Delivery may be conducted by each individual Personal Shopper’s select method of transportation. You acknowledge that transportation or logistics services are provided by third-party independent contractors who are not employed by Gimme.

When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that Gimme and the Personal Shopper are acting as your agents in the picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You agree that Gimme or the applicable retailer will obtain a credit card authorization for your credit card on file with Gimme to cover the cost of the goods you have purchased from the retailer and any separate Gimme fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Gimme, Gimme does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. Gimme reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that the prices of products on the Services may be different than prices offered for the same products in-store by the same retailer.

2. COURIER

Delivery may be conducted by each individual Personal Courier’s select method of transportation. You acknowledge that transportation or logistics services are provided by third-party independent contractors who are not employed by Gimme.

Prohibited Items

You may not access the Gimme Services to send any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not limited to:

1. - People;
  - Illegal items;
  - Firearms, weapons, ammunition, and their parts;
  - Alcohol;
  - Highly perishable food or beverages (e.g., raw meat or dairy products);
  - Pharmaceutical products, over-the-counter medications, vitamins, or supplements;
  - Recreational drugs, drug paraphernalia, or tobacco products;
  - Money, gift cards, lottery tickets, or transferable securities;
  - Dangerous or hazardous items,
  - Stolen goods;
  - Fragile items;
  - Sexual aids; obscene or pornographic material;
  - Livestock, regulated species or animal parts, bloods, or fluids; or
  - Any items for which you do not have permission to send.

The above list of Prohibited Items is not exhaustive. Gimme retains the discretion to prohibit additional items that are not on the above list.

Package Restrictions

1. - The Package(s), together, per trip, (i) may not be greater than 20 kilograms, and (ii) may not have a total value greater than $250 AUD.
  - You must prepare and securely close and seal the Package(s) for safe delivery.

Refusal or Rejection of Deliveries

1. - At a Personal Courier’s sole discretion, a Personal Courier may refuse to pick up or deliver the Package(s), or cancel the delivery after acceptance for any reason; provided at all times, Personal Couriers must comply with the Community Guidelines

3.GENERAL TERMS

3.1 Your Use of the Services

Gimme grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Gimme’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Gimme’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Gimme provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Gimme a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Gimme may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Gimme will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using Gimme on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

You may not in your access or use of the Gimme Services cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Personal Shoppers and individuals who support Gimme’s Help Center. Gimme reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving the Services. Gimme may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Gimme with any feedback on or comments regarding the Services, you grant Gimme the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same.

3.2 THIRD-PARTY PRODUCTS AND CONTENT

You agree that Gimme does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Gimme will have no liability based on such purchase, use, or access.

3.3 SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED “AS IS" AND “AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gimme DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gimme MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GIMME DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, PERSONAL COURIERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS, PERSONAL COURIERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER GIMME NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER, PERSONAL COURIER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER, PERSONAL COURIER OR THIRD PARTY PROVIDER. NEITHER GIMME NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.

If you have a dispute with one or more Personal Shoppers, Personal Couriers or Third Party Providers, you agree to release Gimme (including Gimme’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

3.4 LIMITATION OF LIABILITY

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL GIMME (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF GIMME OR GIMME’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GIMME (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF GIMME OR GIMME’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GIMME, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS, PERSONAL COURIERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU.

3.5 INDEMNIFICATION

You agree to defend, indemnify and hold harmless Gimme and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

3.6 TERMINATION

You can stop using the Services at any time and without notice to us. Similarly, Gimme may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-16 survive and continue to apply to you.

3.7 CONTROLLING LAW

To the extent permitted by applicable law, these Terms will be governed by the laws of Australia and or the state laws of Queensland, Victoria, New South Wales, Western Australia, Northern Territory and Tasmania.

3.8 ENTIRE AGREEMENT & SEVERABILITY

These Terms, subject to any amendments, modifications, or additional agreements you enter into with Gimme, shall constitute the entire agreement between you and Gimme with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

3.9 NO WAIVER

Gimme’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

3.10 ASSIGNMENT

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Gimme may assign its rights, licenses, and obligations under these Terms without limitation.

3.11 CHANGES TO THE TERMS

Gimme reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Contact us If you have any comments or questions, please do not hesitate to reach out to us at support@gimmebuddy.com

3.12 PRIVACY POLICY

Gimme Systems respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

View our detailed privacy policy at: https://www.gimmeapp.com.au/privacy/

3.13 CONTACT DETAILS:

Support email address: support@gimmeapp.com.au

Website: www.gimmebuddyapp.com.au