WEBSITE & GIFT CARDS TERMS AND CONDITIONS
You agree that we may provide agreements and disclosures related to the website to you electronically instead of in paper form. Most communications between APIWA and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and APIWA electronically shall satisfy any legal requirements that such communications be in writing. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this website. During the term that you maintain a membership with APIWA (“membership”), you agree to provide us with and maintain a valid email address where we may deliver these agreements and disclosures to you and that you will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address as well as your having access to a mobile device or personal computer with an internet browser and access to the internet.
Graphics - Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, video clips and all other visual, written, or oral information contained on the website (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by APIWA or its contracted suppliers. Except as provided herein, you may not use the Contents in any way without the express written permission of APIWA. APIWA neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with APIWA. Except as specifically agreed to in writing by the APIWA, the website and the Contents are intended solely for personal non-commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the APIWA website or related software.
Usage - Except as otherwise agreed to by APIWA, APIWA offers you access to the website and to the content available on the website solely for your own personal and non-commercial use. You may not resell or make any commercial use of the website or the content on the website. You may not download or copy to any membership information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the website, in any manner and any quantities not authorized by the APIWA. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the APIWA or its affiliates without APIWA’s prior written consent. You may not use meta tags or any other “hidden text” utilizing APIWA’s name, trademarks or service marks without the express written consent of APIWA.
You may not use this website in any manner that could damage, disable, overburden, or impair the website or interfere with any other person’s use and enjoyment of the website. The foregoing provisions are for the benefit of APIWA, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this website, including, but not limited to, unauthorized framing of or linking to the website, or unauthorized use of any robot, spider, or other automated device on the website, or any manual process to monitor or copy any portion of the content contained on the website, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.
Use of the website is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the website or any of its contents. To sign up for an Membership as a member, you must provide your full legal name, email address, and agree to our membership terms and conditions. APIWA may refuse access to or use of the website or any of the APIWA’s services (such as, but not limited to, accommodation offerings, email, and discounts) to anyone at any time, in its sole discretion.
General - Use of the website requires internet access and certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The website is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the website. APIWA does not warrant, represent, or guarantee that its website will be available on your mobile device. If you do use a mobile device to access the website, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the website, which are solely your responsibility.
To access the APIWA website you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are using the APIWA website legally; (c) you will not transfer your access to the website to another person or allow another person to use your membership; (d) you are eligible to register as a member and use website and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your profile is your legal name (f) any transaction entered into by you will represent a binding agreement; and (g) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.
Your use of the website includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your using the website or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the website, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Membership and Password - In order to access all the features and services of the website, you need a valid user ID and corresponding password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. You are responsible for maintaining the confidentiality of your Membership password. You are responsible for all uses of your Membership, whether or not authorized by you. You agree to immediately notify APIWA of any unauthorized use of your Membership. To use the APIWA website, your membership must be valid. You agree that you will not use or attempt to use another person’s or entity’s membership, service or system without authorization from the owner, nor will you interfere with the security of the APIWA website, system resources or memberships or any network. You may not abuse systems, or make use of the APIWA website in a way that disrupts the normal use of APIWA’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.
Gift Cards - Purchasing a gift cards in the form of either physical gift cards, eGift Cards or codes/coupons are available to purchase by individuals over the age of 18 years. APIWA retains the sole discretion to refuse to sell Gift Cards to any person for any reason. No refunds will be issued, offered or provided for the purchase of online items.
Paying for a Purchase - In order to purchase Gift Cards, APIWA accepts many forms of payment, including credit cards and debit cards. To complete a purchase, you will be asked to provide your billing information. We, or our payment processor, will charge your form of payment the full balance of your transaction. Billing occurs at the time of, or shortly after, your order submission. You agree that you will pay for the items you purchase, and that APIWA may charge your credit card, debit card, or other form of payment for any products purchased and for any additional amounts that may be accrued by or in connection with your Membership. You are responsible for the timely payment of all fees and for providing APIWA with a valid form of payment. You represent and warrant that you are authorized to use any credit card, debit card, or other form of payment you provide to pay the purchase price. Prices for products offered for sale by APIWA may change at any time, and APIWA does not provide price protection or refunds in the event of a price reduction or promotional offering. APIWA reserves the right to change content option, including eligibility for and availability of particular features and promotions, without notice. EGift cards are non-refundable and non-returnable. At the time of purchase, you will receive an email receipt for the transaction. Retain the receipt for your records.
Prohibited Activities - The APIWA website may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
Expiration - The expiration of your product is dependent on the specific Merchant policies. We have no control over the expiration date, however, most products have no less than a 5-year expiration date, and many have no expiration date. After the product has expired or is deactivated, it is no longer valid. All transactions will be declined.
Use of Coupons - Any coupons that you receive through the APIWA website are supplied and/or issued by third parties unaffiliated with APIWA. We provide these coupons “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Such coupons must be used in accordance with the terms and conditions specified by the merchant or other party who issued them.
You may not use the APIWA website for any illegal or unlawful purpose. Further, transmission, storage or presentation of any information, data or materials in violation of any Australian federal, state or municipal rule or regulation is prohibited. This includes, but is not limited to, material which infringes a copyright, material that is threatening or obscene, material that is “adult only” content, or material which violates trade secret and other federal or state laws. Any violation of the terms and conditions set forth in these General Terms and Conditions entitles APIWA to immediately terminate your membership without notice of any kind or nature at any time for any reason.
Fraud, Abuse and Harm - We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or APIWA to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your APIWA membership has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your APIWA membership, purchases, and any of your activity with law enforcement authorities.
APIWA reserves the right to review, postpone, or cancel the purchase on the APIWA website or the dispersal of funds to any user at our discretion. Additionally, you represent and warrant that you will not use the APIWA website, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the website, and you will not use the APIWA website for: (1) any illegal activity; (2) adult entertainment oriented products or services, regardless of the manner or form of such products; (3) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries.); (4) internet/mail order/telephone order firearm or weapon sales; (5) internet/mail order/telephone order cigarette or tobacco sales; (6) drug paraphernalia; or (7) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races; (8) infringing the rights or any person or entity, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service-attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology; (9) transmitting, distributing, posting or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or membership numbers; (10) the distribution of unsolicited commercial email (“spam”) or advertisements; (11) “stalking” or harassing any other user of our products or services or collecting or storing any information about any other user other than for purposes of transacting as a user of the APIWA website; (12) registering for more than one user membership or registering for a user membership on behalf of an individual other than yourself; (13) impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity; (14) running automated scripts to collect information or otherwise interact with the APIWA website; or (15) advocating, encouraging, or assisting any third party in doing any of the foregoing.
Report Fraud - With the ever increasing prevalence of identity theft, credit card fraud and money laundering practices, APIWA prides itself on its progressive fraud prevention system that has produced minimal fraud-related losses to both APIWA and, more importantly, the cardholder. Should you come across any suspicious websites and/or e-mails that you suspect as being fraudulent, please report it to us immediately.
Termination - We may terminate this Agreement and modify or close your Membership for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to the APIWA website and/or your Membership (including the funds in your Membership) if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct. If your Membership is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the APIWA website; (c) that we reserve the right, but have no obligation, to delete your information and membership data stored on our servers; and (d) that APIWA shall not be liable to you or any third party for termination of your access to the APIWA website or deletion of your information or membership data. You may terminate this Agreement and other agreements by closing your membership at any time. As per our Membership Terms and Conditions membership is not refundable. If we terminate this Agreement and/or your membership, you will remain liable for all amounts due under your membership up to and including the date of termination.
Disclaimer of warranties - You are using the APIWA website at your own risk. APIWA and its subsidiaries, affiliates or strategic partners provide the materials on the APIWA website “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. APIWA expressly disclaims any duty to update or revise the materials on the APIWA website, although APIWA may modify the materials at any time without notice. APIWA does not warrant that any products or services will meet your requirements or that the operation of the APIWA website will be uninterrupted or error-free. The APIWA website and its products and services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and you agree that company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
In no event will APIWA, or any person or entity involved in creating, producing or distributing the APIWA website or the content included thereon, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including without limitation) direct, indirect, incidental, special, punitive, consequential, or similar damages, including, without limitation, lost profits or revenues, loss of use, or similar economic lost, arising out of the use of or the inability to use the APIWA website. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the APIWA website. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall APIWA’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing the APIWA website, for the services provided on the APIWA website or for other information provided to you on this APIWA website.
Viruses - APIWA also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on membership of your access to, use of, or browsing of the APIWA website or your downloading of any materials, data, text, images, video or auction from the APIWA website.
Copyright, Trademarks and Patents - All content included on the APIWA website is the property of APIWA or its content suppliers and protected by Australian and international copyright, patent and/or trademark laws. All software used on the APIWA website is the property APIWA or its software suppliers and protected by copyright, patent and/or trademark laws. The content and software on the APIWA website is intended for use, and may be used, as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the APIWA website is strictly prohibited. Unless expressly authorized by APIWA in writing, you may not use the contents with any product or services not provided by APIWA, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit APIWA. All other trademarks and service marks appearing on the APIWA website are the property of the respective owners, including third party providers of products and services with links to and from the APIWA website.