Terms and Conditions
Our rights and responsibilities
Last updated: September 29, 2020
From everyone at Hamper Tree, thank you for using our website! Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Hamper Tree.
When we say “Services”, we mean any product created and maintained by Hamper Tree. That includes Hamper Tree (all versions) whether delivered within a web browser, desktop application, mobile application, or another format.
We may update these Terms of Service in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on our website.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate of any of the terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are and keeping an open door to your feedback.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment, Refunds, and Product Changes
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. You are responsible for payment of all taxes, levies, or duties.
It is the responsibility of the customer to inform Hamper Tree if a gift has not been delivered. Upon notification,we will investigate and ensure that the gift is delivered and received.
Refunds will not be given for late delivery. We will not be held liable for late delivery.
In the unfortunate event that a gift has been damaged through the delivery process, we will routinely replace the gift with a no-fuss attitude. Please email Hamper Tree at email@example.com to organise for the replacement gift or damaged items to be re-sent.
In the event that you would not like a replacement gift or damaged items re-sent, we will refund the credit card used for the value of the total transaction or the value of the damaged items. We are committed to ensuring that your transactions with Hamper Tree are processed with excellent customer service and satisfaction.
Hamper Tree reserve the right to substitute a product temporarily not available for a product of equal or greater, quality and cost. This includes packaging and ribbon.
Cancellation of Orders
We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted or issued an invoice for) without any liability to you for that refusal or cancellation at any time if:
(a) the requested Products in that Order are not available;
(b) we are unable to process your payment;
(c) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order;
(d) we reasonably suspect fraudulent or unlawful activity.
Sale of Liquor
Under the Liquor Control Reform Act 1998 it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000) and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700)
Deliveries containing alcohol must be received at the delivery address by a person who is 18 years or over. When ordering gifts with alcohol from us, you declare that the intended recipient is 18 or over
All transactions are processed in Australian Dollars (AUD) and may include GST (Goods and Services Tax).
Cancellation and Termination
You are solely responsible for properly canceling your account. An email to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact us at firstname.lastname@example.org.
All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of accounts all the accounts on our Service, there is at least one doing something nefarious.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
We make a promise to our customers to support our Services for as long as we are conducting business. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Service because we think it could be better. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Service with or without notice.
We reserve the right to change the prices of all products we sell without notice.
Uptime, Security, and Privacy
Your use of the Services is at your sole risk. We provide this Service on an “as is” and “as available” basis. We do not offer service-level agreements but do take uptime of our applications seriously.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Service. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
To help you with support requests you make we'll ask for express consent before accessing your account.
To safeguard Hamper Tree we'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To the extent required by applicable law as an Australian company with all data infrastructure located in the United States, we only preserve or share customer data if compelled by an Australian or American government authority with a legally binding order or proper request under the Stored Communications Act. If a non-American or Austrialian authority approaches Hamper Tree for assistance, our default stance is to refuse unless the order has been approved by the Australian or US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Digital Ocean is our hosting company of choice.
Copyright and Content Ownership
All content posted on the Services must comply with Australian copyright law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Services without the express written permission by the Company.
You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Service inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.
If you have a question about any of the Terms of Service, please contact us.