Square Give and Get Local Directory Terms of Service
Thanks for visiting our site, and showing your support for your local sellers!
These e-Gift Card Terms of Service (“Terms”) are a legal agreement between you, as a visitor of giveandgetlocal.com (this “Website”) and Square AU Pty Ltd (ABN 38 167 106 176) (“Square”, “us”, “we,” “our”), and govern your use of this Website. By visiting this Website, you also agree to our Privacy Notice and terms that limit our liability (see Section ), which are collectively incorporated herein by reference. You should read these Terms carefully.
This Website is intended to provide you with a convenient listing of sellers in your area that could use your support and patronage during this difficult period. This Website provides business details, such as seller business name and whether such seller offers gift cards for purchase.
This Website is for informational purposes only. Although we try to verify the sellers listed on this Website (“Listed Sellers”), we disclaim any and all liability arising from any transaction between you and any Listed Seller. Additionally, we make no representations or warranties, express or implied, relating to any of the products or services provided by any Listed Seller.
2. Permitted Uses
You may use this Website only for the following, private, non-commercial purposes: (i) viewing this Website for your own personal use; (ii) purchasing gift cards from Listed Sellers; and (iii) transferring to other websites through links provided on this Website for your own personal use.
You agree that you will not: (i) use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape this Website or otherwise copy our data through any other automated means; (ii) attempt to override, bypass, or circumvent any security features or access controls implemented on this Website; or (iii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from this Website or Square.
3. Gift Cards
Listed Sellers are the issuer and administrator of the gift cards you purchase from them. You are purchasing a gift card issued by one of our Listed Sellers. This means that our Listed Seller, not Square, is responsible for providing goods or services in accordance with the terms of the gift card. The Listed Sellers provide the gift cards according to the warranty and other service and support terms specified by the relevant Listed Seller, subject to the Consumer Guarantees in the Australian Consumer Law (if and to the extent applicable to you). Any future purchases using (or other redemption of) this gift card will be governed solely by the Listed Seller’s gift card’s terms which we strongly encourage you to review before purchasing. Any questions or issues you may have must be addressed directly with the Listed Seller.
Gift cards involve the inherent risk that the issuing seller goes out of business or otherwise fails to honour them. If this happens, then there might not be any redemption options for your gift card. Only buy a gift card from a Listed Seller you are confident will be able to honour it. Square has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the purchase of a gift card from any Listed Sellers on this Website. We specifically disclaim all liability for any kind arising out of or relating to your purchase or use of the gift cards, except to the extent arising from fraud, negligence or wilful misconduct of Square or our directors or officers.
Square owns all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in this Website and all underlying databases. These Terms do not grant you any rights to our trademarks or service marks. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
5. Irreparable Harm; Entitlement to Injunctive Relief
You acknowledge and agree that a breach or threatened breach of the restrictions set forth in Section 2 of these Terms would cause irreparable injury, that money damages would be an inadequate remedy, and that Square shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you or anyone acting on your behalf, from such breach or threatened breach. Nothing herein shall be construed as preventing Square from pursuing any and all remedies available to it, including the recovery of money damages.
6. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SQUARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SQUARE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Square does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. Square does not have control of, or liability for, goods or services that are paid for using the Services.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SQUARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THIS WEBSITE, EXCEPT TO THE EXTENT ARISING FROM FRAUD, NEGLIGENCE OR WILFUL MISCONDUCT OF SQUARE OR ITS DIRECTORS OR OFFICERS. IN ALL CASES, SQUARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
8. Governing Law and Dispute Resolution
These Terms and any dispute between you and us will be governed by Victorian law and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. For purposes of these Terms, “Law” means common law, principles of equity and any legislation, enactment, proclamation, by-law, regulation, published policy or regulatory guide passed or adopted by any government or authority with applicable jurisdiction, any amendments, consolidations or replacements of them and all orders, ordinances, regulations, rules, by-laws and policies made under them.