Terms and Conditions - We Thank You
We Thank You is division of MEMBERBenefits Pty Ltd (herein collectively referred to as “we”, “our” and “us”) , and "you" means you, the customer.
These Terms and Conditions together with your Order constitute the entire Agreement between us and you for the supply of product/s. The Agreement cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
We sell and ship Product/s only within Australia. We will not make deliveries outside of Australia.
Legal Capacity To Transact
If you are under the age eighteen (18) years you cannot place orders with us. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years
Should we suffer any damage or other losses as a result of a transaction entered into by a minor, We reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.
Placing Your Order
You may place an Order by filling in the Order Form on the Web Site and clicking the "Submit My Order" button.
When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Product/s you have selected based on these Terms and Conditions. Information contained on our website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Product/s; however we will make every effort to supply Product/s to you.
We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
We accept Visa, MasterCard and BPAY only. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding VIC Public holidays. We process credit card payments after you click the "Submit My Order" button.
For credit card payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
- We are unable to accept credit cards issued by banks outside of Australia.
- Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
For BPAY payments we will email confirmation of your order along with the BPAY payment details. This will include the Biller Code, Reference Number and the amount owing. The order is deemed unpaid until the full amount owning has been received by us.
E.g.will send a payment reminder after four (4) days. Should the order remain unpaid after seven (7) days, the order automatically cancelled.
Our purchases include GST.
We always seek to list Product/s with the most competitive prices.
We reserve the right to change prices for Product/s displayed at any time before you place an Order.
Supply of Your Product
Subject to these Terms and Conditions, we will supply to you the Product/s indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Unless otherwise agreed by us, we will deliver your product/s to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Product/s, our carrier will leave a card advising you how you may arrange for delivery or pickup of your order.
We will use our reasonable efforts to deliver your Product/s to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Product/s will pass to you on delivery.
Gift Cards should be treated as if they are cash. You are responsible for the safe keeping of your Gift Card, and lost, stolen or damaged Gift Cards cannot be replaced.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.
For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au
To the extent permitted by law:
- We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question
Your Data - Use And Protection
We may use or disclose your personal information to organisations (including organisations outside the Australian jurisdiction) and any related entities of ours for purposes relating to the management of your account with us. Such organisations include:
- service providers who manage the services provided to you;
- mailing systems which organise delivery of the products you have purchased (This includes Australia Post so that, where possible, they will email you Tracking Advices notifying you of the progress of your delivery. You may unsubscribe by clicking the unsubscribe link on any Australia Post Track Advice email);
- maintenance and repair services;
- market research;
- marketing activities conducted by us or any of our related companies; and
- our professional advisers, accountants, lawyers, auditors.
We require these organisations to adhere to strict confidentiality about your personal information and also seek to ensure that they adhere to the National Privacy Principles.
Credit Card Fraud
While we employ Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection or Prevention Procedures
When you place your Order by either a Credit Card, Debit Card or BPAY you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and driver’s license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect against online fraud.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. We reserve the right to change the Terms and Conditions of sale at any time.
Our employee(s) or agent(s) to not have the authority to vary any of the Terms and Conditions governing any sale.
To the extent permitted by law, we are not liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond reasonable control we shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.