Terms and Conditions
All care is taken in the preparation of the information and published materials on this site. GimmeNow Pty Ltd does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, GimmeNow Pty Ltd will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.
This site may contain hypertext links, frames or other references to other parties and their websites. GimmeNow Pty Ltd cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. GimmeNow Pty Ltd do not necessarily approve of, endorse, or sponsor any content or material on such sites. GimmeNow Pty Ltd make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.
GimmeNow Pty Ltd are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.
If you have any concerns regarding the content of the Website, please contact GimmeNow Pty Ltd.
Website – Terms & Conditions
1. About the Website
(a) Welcome to gimmenow.com (‘Website’). The Website contains information regarding the products and services that GimmeNow offers .
(b) The Website is operated by GimmeNow PTY LTD (ABN 91 642 186 810) (‘GimmeNow’). Access to and use of the Website, or any of its associated Products or Services, is provided by GimmeNow. Please read these terms and conditions (‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) GimmeNow reserves the right to review and change any of the Terms by updating this page at its sole discretion. When GimmeNow updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by GimmeNow in the user interface.
3. Copyright and Intellectual Property
(a) The Website, the content and all of the related products of GimmeNow are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by GimmeNow or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by GimmeNow, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
GimmeNow does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by GimmeNow.
(c) GimmeNow retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
(d) You may not, without the prior written permission of GimmeNow and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause 5, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) GimmeNow will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of GimmeNow make any express or implied representation or warranty about the content or any products or content (including the products or content of GimmeNow) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the content or any of the products of GimmeNow; and
(iv) the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
(a) GimmeNow’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
(b) You expressly understand and agree that GimmeNow, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that GimmeNow holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing GimmeNow with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to GimmeNow via the ‘Contact Us’ link on our homepage.
(b) GimmeNow may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) GimmeNow is required to do so by law;
(iii) GimmeNow is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(iv) the provision of the Services to you by GimmeNow, is in the opinion of GimmeNow, no longer commercially viable.
(c) Subject to local applicable laws, GimmeNow reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts GimmeNow’s name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and GimmeNow have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(a) You agree to indemnify GimmeNow, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
9. Dispute Resolution
9. 1. Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
9. 4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation
If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by GimmeNow is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
11. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Refer a Friend – Terms & Conditions
2. The Program commences at 12:00AM on 1 July, 2021 AEST and concludes at 11:59PM on 30 June, 2022 AEST.
3. A “Qualified Referral” is defined as a new member of GimmeNow (“Referred Member”) who:
a. Registers for a GimmeNow account by clicking your unique referral link
b. Makes a purchase through the GimmeNow store
4. There are no limits to how many referrals you can make throughout the program.
5. You are limited to receiving credits for 25 Qualified Referrals throughout the program.
6. You are limited to one (1) Qualified Referral for each Referred Member, additional purchases made by your Referred Member does not count as additional Qualified Referrals.
7. You may not refer yourself as the Referred Member.
8. When you make a Qualified Referral, you will receive $10 (as “Credits ”) towards your GimmeNow purchases.
9. A Referred Member who are Qualified Referrals will also receive $10 towards their next GimmeNow purchase.
10. For the avoidance of doubt, any reference to ‘$’ or ‘dollars’ refers to Australian dollars.
11. Credits successfully through the program will expire after 90 days of issue and can only be used one (1) time.
12. Credits can be applied to the total original purchase value, including taxes and delivery fees, to reduce the total payable amount on checkout.
13. Credits are non transferrable and not redeemable for cash or any other credit.
14. Credits cannot be applied to orders past completed.
15. Referred Member agrees to the disclosure of their name and of having created a GimmeNow account to the person who referred (“Referrer”).
16. GimmeNow reserves the right in its sole and absolute discretion to amend and vary the terms and conditions as set out above, as well as to disqualify any referral and associated Credits.
17. You must comply with all applicable Spam laws in your jurisdiction, as well as the Spam Act 2003.
Sales & Services – Terms & Conditions
To the fullest extent legally permissible all dealings between each customer [“you”] and GimmeNow Pty Ltd ACN 642 186 810 (and/or any successors and/or assigns) whether trading as “GimmeNow” and/or otherwise [“GimmeNow”] relating to any and all goods and/or services [the “goods” and/or the “services”] are subject to the following terms and conditions of sale [“these terms”] unless otherwise expressly agreed in writing:
a) GimmeNow facilitates the sale of goods and services by third party suppliers. b) Any agreement to purchase goods and/or services is an agreement between you and the third party supplier and GimmeNow is not a party to that agreement. c) The terms of the agreement between you and the third party supplier are those stated by the third party supplier in conjunction with the sale terms appearing on the GimmeNow website. This will include the price of goods and/or servicers, descriptions or specifications of any goods and/or services, the availability of goods and/or services and estimates of delivery times. d) To the extent permitted by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) [“ACL”] GimmeNow gives no warranty as to the quality or fitness for purpose of any goods and/or services supplied by third party suppliers. e) You will make your own enquiries about the suitability of any goods and/or services before you order them and GimmeNow accepts no liability for any goods and/or services which are not suitable for your purposes. f) Pictures of goods and/or services on the GimmeNow website may not be an exact representation of the goods and/or services actually delivered. g) You agree to make any claim for return, replacement or repair of goods and/or services directly to the third party supplier and save for its obligations under the ACL, GimmeNow accepts no liability for repair and/or for replacement of goods and/or services.
a) Prices displayed are subject to change without notice. Price will be confirmed upon payment by you. b) Prices shown exclude delivery costs, which will be added at the time of checkout and payment. c) All prices are shown in Australian dollars and include GST.
4. Orders and Payment
a) Payment of the purchase price and delivery fees is due at the time of placing an order. The only acceptable method of payment are those available on GimmeNow’s website at the time of placing an order. b) Your order is placed upon successful payment to GimmeNow. c) GimmeNow may cancel any order and refund the purchase price at any time prior to delivery without liability. d) GimmeNow shall not be liable for any delay in processing and/or delivery of your order due to circumstances beyond GimmeNow’s control. e) The promotion of goods and service on GimmeNow’s website does not constitute an offer to sell but it is an invitation to treat only. Orders placed by you are an offer to purchase from the third party supplier on the terms offered by the third party supplier and are subject to these terms and the terms of the third party supplier. f) A third party supplier may reject your order. If a third party supplier rejects your order, we will refund all amounts paid by you in respect of the order.
a) The price of goods and/or services on GimmeNow’s website excludes delivery costs. Delivery costs will be calculated at the time of checkout and are payable when placing an order. b) GimmeNow will endeavour to effect delivery within the estimated delivery time given when placing your order. c) If delivery cannot be effect (whether due to incorrect or incomplete delivery address or otherwise), GimmeNow may charge extra delivery fees for multiple delivery attempts or charge any costs related to returning the purchases to the supplier. d) Delivery times given are an estimate only and GimmeNow accepts no responsibility or liability for late or delayed delivery. d) Delivery address must be a physical (street) address, not a post office box. e) GimmeNow reserves the right to cancel any order and refund the purchase price and delivery costs if delivery is delayed by reasons beyond GimmeNow’s control such as unavailability of goods and/or services or lack of delivery resources.
a) The returns policy of the third party supplier applies to all goods and/or services you purchase. b) GimmeNow will arrange any and all returns with the third party supplier. c) In circumstances where the third party supplier rejects your return, exchange or refund request, GimmeNow will consider accepting your request on terms acceptable to GimmeNow. d) In the absence of any returns policy of the third party supplier, GimmeNow’s return policy is that GimmeNow is not obliged to accept change of mind returns but may do so in it’s absolute discretion and upon terms it sees fit and defective or damages goods are dealt with in accordance with minimum requirements of the ACL.
7. Consumer Guarantees & ACL
The ACL provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). Any rights you may have under the ACL shall apply notwithstanding any inconsistent provisions in these terms which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible.
8. Limitation of Liability
To the extent permitted by the ACL: a) you agree to limit any claim to the replacement/repair of the goods (or cost thereof) and/or re-supply of services (or cost thereof); b) GimmeNow shall not be liable for any consequential loss and/or any special and/or punitive damages through any fault and/or negligence of GimmeNow or any third party supplier; and c) GimmeNow does not give any warranty, endorsement, guarantee or assume responsibility for any goods and/or services offered by any third party supplier.
9. Exclusions: To the extent permitted by the ACL
a) no dealing between GimmeNow and you shall be or be deemed to be a sale by sample; b) you shall rely on your own knowledge and expertise in selecting any goods and/or services for any purpose; c) all goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer and third party supplier; d) GimmeNow gives no warranty, endorsements or guarantee and assumes no responsibility for any goods and/or services offered by any third party supplier through the GimmeNow website; and d) you agree to: (i) check all goods and/or services for compliance with all applicable laws, standards and/or guidelines before use and/or application; (ii) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by the third party supplier and/or by any manufacturer; and (iii) act in good faith and in accordance with good practice at all times.
You fully indemnify GimmeNow and its directors, servants and agents against any claim and/or loss arising from or related in any way to any dealing between GimmeNow and you and/or arising under these terms.
11. Dispute Resolution
a) You may submit any complaint, claim, dispute, etc [“Dispute”] to GimmeNow in writing within 14 days becoming aware of the Dispute. b) GimmeNow will investigate and respond to your Dispute in writing within 14 days of receipt. c) If you are not satisfied with GimmeNow’s response under clause (b) above, you may within 14 days of the response request a meeting with a representative of GimmeNow to discuss the Dispute. d) GimmeNow will make a representative available for a meeting with you (by telephone, online or in person) to discuss the Dispute within 14 days of any request made pursuant to clause (c) above. e) You may not commence any legal action in relation to any Dispute without first undertaking the dispute resolution process set out in this clause.
12. Product Reviews and Social Medial Content
a) GimmeNow facilitates customer reviews on its website and has associated social media platforms. b) GimmeNow is not responsible or liable for any content posted on any of its platforms by any third parties. The content and views expressed therein are the views of the party posting and not the views of GimmeNow. c) You agree that any content or material you post on any GimmeNow platform shall not be false, misleading, defamatory, offensive, discriminatory, indecent, etc, nor infringe any third party’s rights (intellectual property rights included). d) GimmeNow reserves the right to remove any review or post in its absolute discretion.
13. Intellectual Property
a) All content, logos, trademarks, etc, on GimmeNow’s website [“IP”] belong to GimmeNow or third party suppliers. b) All IP remains the property of the owner and you are not permitted to use any IP without the express written consent of the owner.
You agree that these terms and any claim or dispute between GimmeNow and you shall be governed by the laws applicable in the State nominated by GimmeNow and you agree to submit to the jurisdiction of the appropriate Court nominated by GimmeNow in the capital city of that State. If no State is nominated then Victoria shall be deemed to be the nominated State.
An election by GimmeNow not to exercise any rights on any breach of these terms shall not constitute a waiver of any rights relating to any other breach.
Any part of these terms shall be capable of severance without affecting any other part of these terms.
17. Entire Agreement and Change to these terms
a) These terms together with any order you place constitute the entire agreement between you and GimmeNow and cannot be varied unless agreed to in writing by GimmeNow; b) GimmeNow may change these terms by posting new terms on its website. You agree to any new terms by placing any order with GimmeNow.
18. Digital and Virus Protection
a) GimmeNow accepts no responsibility for protecting you or your computer against viruses or other threats as a result of using GimmeNow’s website or other platforms.
Early Access – Terms & Conditions
- By using the Early Access voucher for purchases made through GimmeNow you agree to the Terms and Conditions of Sale as available on our website and to be a part of the Early Access program.
- By being a part of the Early Access program, you agree to be contacted to provide feedback and could be asked to be photo models (you may decline) to publish on social media.
- The Early Access voucher is valued at AUD $50 to be used against your cart purchases, however it cannot be used against delivery fees.
- The voucher is for one-time use, any remaining balance is forfeited if not fully used.
- The voucher expires on the 31st of January, 2022.