Terms and Conditions
1. About these terms
- 1.1
These terms apply to your use of the website and to every product you buy through it. In these terms, "Site" means the online storefront you are using, including shopping.perksportal.com.au and each additional storefront listed in Schedule C.
- 1.2
The Site is operated by Ticketmates Australia Pty Ltd (ABN 73 127 532 147) ("Ticketmates", "we", "us", "our"), a wholly owned subsidiary of Gratifii Limited. Ticketmates is the merchant of record for all transactions made on the Site.
- 1.3
The Site may be presented under the brand of a partner organisation, such as an auto club or a member benefits program. The Partner makes the Site available to its members. The Partner is not the seller of the products offered on the Site and is not responsible for fulfilling your order.
- 1.4
By accessing the Site or placing an order, you agree to these terms. If you do not agree to them, please do not use the Site.
- 1.5
These terms are read together with our Privacy Policy, the Site-specific terms in Schedule C, the product-type terms in Schedule A or Schedule B, and any terms shown on the product listing. If there is an inconsistency, the following order of precedence applies:
- the Australian Consumer Law and any other law that cannot be excluded;
- Schedule C (Site-specific terms);
- Schedule A or Schedule B, whichever applies to the product;
- the clauses of these terms; then
- the product listing.
- 1.6
Despite clause 1.5, where a product listing offers you terms more favourable than these terms, the listing applies to that product.
2. Definitions
| Term | Meaning |
|---|---|
| ACL | The Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth). |
| Business Day | A day other than a Saturday, Sunday or public holiday in Queensland, Australia. |
| Digital Product | A product delivered electronically, including an eVoucher, eGift card, digital ticket or redemption code, in each case issued by us. Schedule B applies. |
| Marketplace | The online marketplace platform on which the Site operates, through which Sellers list products for sale to you. |
| Member Price | A price available only to eligible members of a Partner program. |
| Partner | The organisation whose brand the Site carries and whose members the Site is made available to, as identified in Schedule C. |
| Physical Product | A tangible good that is dispatched and delivered to you by a Seller. Schedule A applies. |
| Seller | The third party that supplies a product through the Marketplace. Where a listing identifies us as the seller, "Seller" means us. |
| you, your | The person accessing the Site or placing an order. |
3. Eligibility and your account
- 3.1
You must be at least 18 years old and have legal capacity to enter into a contract to place an order.
- 3.2
Access to the Site, or to particular products or Member Prices, may be restricted to current members of the Partner program. We may verify your eligibility at any time and may cancel an order and refund you in full if you are not eligible.
- 3.3
You must provide accurate and current information when you place an order, and keep it up to date.
- 3.4
You are responsible for keeping your account credentials secure and for all activity carried out under your account. Tell us promptly if you believe your account has been accessed without your authority.
- 3.5
Products can only be delivered to the destinations shown at checkout for the relevant Site, as set out in Schedule C.
4. How the marketplace works
- 4.1
The Site is a Marketplace. Products are supplied by Sellers, not by us, unless the listing identifies us as the Seller. Digital Products are issued and supplied by us, and Schedule B applies to them.
- 4.2
We collect payment from you as agent for the Seller. Paying us discharges your obligation to pay the Seller for that order. This clause does not apply to Digital Products, which we supply to you as principal.
- 4.3
We are the merchant of record. We issue your order confirmation and tax invoice, we process all refunds, and we provide customer support for your order under clause 14. You do not need to deal with the Seller directly.
- 4.4
Sellers are responsible for the accuracy of their listings, the quality and safety of their products, and dispatch and fulfilment of orders. We set and enforce standards for Sellers through our Seller Agreement and Seller Policy.
- 4.5
Nothing in these terms makes you a party to any agreement between us and a Seller, or between us and a Partner.
5. Products, listings and availability
- 5.1
Product descriptions, specifications, inclusions, exclusions and validity periods are prepared by Sellers. We may review listings before they are published, but the Seller is responsible for their accuracy.
- 5.2
Images are indicative only. Packaging, colour and minor specifications may vary from the image shown.
- 5.3
Availability shown on the Site is accurate at the time of display but is not guaranteed. If a product becomes unavailable after you order it, we will contact you and either refund you in full or offer you an alternative.
- 5.4
A Seller may change a product’s dates, price, inclusions, coverage or eligibility requirements. We may cancel, change or substitute a product for any reason. Where we do, we will make reasonable efforts to notify you in advance and to amend or reissue your order. If you are not satisfied with the alternative offered, you are entitled to a full refund of the price you paid.
- 5.5
Product range, pricing and delivery options may differ between Sites.
6. Prices, Member Prices and GST
- 6.1
All prices are in Australian dollars and include GST unless stated otherwise on the listing.
- 6.2
Delivery charges are shown separately at checkout before you confirm and pay.
- 6.3
Member Prices are available only to eligible members and may be changed or withdrawn at any time. The price that applies to your order is the price displayed when you place it.
- 6.4
Occasionally a price may be listed incorrectly. Where the error is obvious and we have not yet dispatched your order, we may cancel the order and refund you in full, or contact you with the correct price so you can choose whether to proceed.
7. Promotional and coupon codes
- 7.1
Unless the offer states otherwise, a promotional or coupon code may be used once only, per code, per customer account.
- 7.2
Codes have no cash value, are not transferable, cannot be redeemed for cash, and cannot be used together with another offer unless expressly stated.
- 7.3
Codes expire on the date stated in the offer.
- 7.4
Splitting a purchase across multiple orders or accounts in order to reuse a code, or otherwise attempting to circumvent a usage limit, is a breach of these terms. Where we reasonably believe this has occurred we may cancel the affected orders and refund them, reverse the discount applied, withdraw access to future offers, or suspend or close the account.
8. Orders and order acceptance
- 8.1
Placing an order is an offer by you to buy the product on these terms. It is not an acceptance by us.
- 8.2
A contract is formed only when we confirm that your order has been accepted. For a Physical Product, this is when we send you dispatch confirmation. For a Digital Product, this is when the voucher or code is delivered to you.
- 8.3
Before that point we may decline or cancel your order, including where the product is unavailable, the price was listed incorrectly, we suspect fraud or promotional abuse, you are not eligible, or a quantity limit applies. If we do, we will refund you in full.
- 8.4
We may limit the quantity of a product that can be purchased in one order or by one account.
9. Payment
- 9.1
We accept Visa and Mastercard, together with any additional payment methods listed in Schedule C for the relevant Site. Accepted methods are shown at checkout.
- 9.2
Full payment is required at the time you place your order.
- 9.3
We do not apply a surcharge for paying by card. Any other fee, including a booking or handling fee or a fee applied by a Partner that is not a card surcharge, applies only where it is displayed at checkout before you confirm payment and is recorded in Schedule C.
- 9.4
Payments are processed by our third party payment service provider. We do not store your full card details.
- 9.5
The descriptor that will appear on your card or bank statement for the relevant Site is set out in Schedule C.
- 9.6
If a payment is declined, reversed or charged back, we may cancel your order, suspend fulfilment, or recover the amount owed from you.
10. Delivery and supply
- 10.1
Schedule A sets out how Physical Products are dispatched and delivered, when title and risk pass to you, and what to do if an item does not arrive or arrives damaged.
- 10.2
Schedule B sets out how Digital Products are delivered, how long they are valid, how they are redeemed, and what to do if a code does not work.
- 10.3
Where an order contains products of both types, each schedule applies to the relevant part of the order.
11. Your rights under the Australian Consumer Law
Consumer guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
- 11.1
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
- 11.2
The returns and refund arrangements in clause 12 and in Schedules A and B are in addition to your rights under the ACL, not a substitute for them.
- 11.3
Where a failure is major, you choose whether to receive a refund or a replacement. Where a failure is not major, we or the Seller may choose to repair, replace or refund within a reasonable time.
- 11.4
The statement at the start of this clause is in the form required by the Australian Consumer Law. It applies to goods and services supplied through the Site, whether they are supplied by us or by a Seller. Where a product also comes with a warranty against defects given by a Seller or a manufacturer, the terms of that warranty and the contact details for making a claim under it are shown on the listing or provided with the product.
12. Cancellations, returns and refunds
- 12.1
Your rights under clause 11 apply first and are not affected by anything in this clause.
- 12.2
Change of mind returns are dealt with in Schedule A for Physical Products and Schedule B for Digital Products.
- 12.3
You may cancel an order for a Physical Product at any time before it is dispatched and receive a full refund. Contact customer support using the details in Schedule C.
- 12.4
To request a return or refund, contact customer support with your order number and the reason for the request, and any supporting photographs. Please do not return an item directly to a Seller unless we ask you to.
- 12.5
We process all refunds. Refunds are made to the original payment method. We do not issue cash refunds.
- 12.6
Once your return or refund claim is approved, we aim to process the refund within one (1) Business Day. Depending on your card issuer or bank, the funds usually appear in your account within five (5) Business Days after that.
- 12.7
Where a claim needs to be assessed by the Seller, the Seller has two (2) Business Days from receiving the returned item to approve or decline it. A decline must be supported by evidence. If we are not satisfied that a decline is properly supported, we may refund you and recover the amount from the Seller.
- 12.8
Amendment, change and cancellation fees apply only where they are disclosed on the product listing, or in Schedule C, before you purchase.
- 12.9
No refund is available for a service, tour or experience once it has commenced, or for any accommodation, meal or other component that has been used. This does not limit your rights under clause 11.
13. Products supplied subject to other terms
- 13.1
Some products are also subject to the terms of the Seller, venue or operator — for example redemption conditions, booking conditions, age restrictions or conditions of entry. Those terms are shown on the listing or on the voucher before you purchase. A term of a Seller, venue or operator that was not disclosed to you before you purchased does not apply to your order.
- 13.2
Please read those terms before you buy. Where a product has been booked for a specified date, the operator’s cancellation and amendment terms apply in addition to clause 12.
- 13.3
Availability shown at the time of booking may change for reasons outside our control. Where your booking is with a third party operator, we recommend you reconfirm it with the operator before making other travel or event arrangements.
- 13.4
Members of an auto club or other membership program may be asked to present a valid membership card, together with the order confirmation or voucher, when redeeming a product.
14. Customer support and complaints
- 14.1
We provide first line customer support for every order placed on the Site. Contact details and support hours for the relevant Site are set out in Schedule C.
- 14.2
We aim to acknowledge support requests within one (1) Business Day.
- 14.3
If you are not satisfied with the outcome of a support request, you can ask for it to be escalated. If your complaint remains unresolved, you may contact the Australian Competition and Consumer Commission or the fair trading or consumer affairs body in your State or Territory.
15. Acceptable use of the Site
- 15.1
You may use the Site for lawful personal purposes only.
- 15.2
You must not:
- purchase products for commercial resale without our written consent;
- scrape, crawl, harvest or copy content or data from the Site, other than ordinary browsing and printing for personal use;
- interfere with, probe or attempt to circumvent the security of the Site, or introduce malicious code;
- use another person’s account, or misrepresent your identity or membership status;
- place fraudulent, speculative or automated orders; or
- use the Site in a way that damages it, or that interferes with another user’s use of it.
- 15.3
If you submit a review, rating, photograph or other content to the Site, it must be your own, accurate, and not unlawful, misleading or offensive. We may remove content at our discretion. You grant us a non-exclusive, royalty free licence to use, reproduce and display that content in connection with the Site.
16. Intellectual property
- 16.1
The Site and its content, including text, graphics, layout, software and trade marks, are owned by or licensed to us, the Partner or the relevant Seller, and are protected by intellectual property laws.
- 16.2
You are granted a limited, revocable, non-transferable licence to access and view the Site for personal, non-commercial purposes.
- 16.3
You must not use any trade mark, logo or brand appearing on the Site without the written consent of its owner.
17. Privacy and communications
- 17.1
We handle your personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Privacy Policy for the relevant Site is linked in Schedule C.
- 17.2
To fulfil your order we share the information necessary to do so — including your name, delivery address, contact details and order details — with the Seller, and with carriers and our payment service provider. Some of these recipients may be located outside Australia, or may store or process your information outside Australia. Our Privacy Policy identifies the countries involved where we are reasonably able to do so, and sets out the steps we take before disclosing your information overseas. Where the Site operates under a Partner brand, we may share membership verification and aggregated program reporting with the Partner.
- 17.3
We will send you transactional messages about your order, such as order and dispatch confirmations. These are not marketing messages and you cannot opt out of them while an order is in progress.
- 17.4
We will only send you marketing communications where you have consented to receive them. You can withdraw consent at any time using the unsubscribe link in any marketing message, in your account settings, or by contacting customer support. Every marketing message we send identifies us as the sender and includes an unsubscribe facility that remains available for at least thirty (30) days after the message is sent.
- 17.5
We may use automated checks to detect fraud, promotional abuse and payment risk in connection with your order or account. We will not rely on an automated check alone to close your account or to withhold a refund under clause 20, and our Privacy Policy explains how we handle information used for these checks.
18. Third party links
- 18.1
The Site may link to third party websites. We do not control those sites and are not responsible for their content, products or privacy practices. A link is not an endorsement.
19. Our liability
- 19.1
Nothing in this clause limits or excludes your rights under clause 11.
- 19.2
Where the goods or services supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by section 64A of the ACL and at our option, to replacing or resupplying the goods or services, paying the cost of replacement or resupply, or refunding the price paid.
- 19.3
Otherwise, and to the extent permitted by law:
- we are not liable for indirect, special or consequential loss, loss of profit, loss of opportunity or loss of data; and
- our total liability in connection with an order is limited to the amount you paid for that order.
- 19.4
Except where we are the supplier of the product, we are not liable for the acts or omissions of a Seller, carrier, venue or operator beyond our obligations under these terms and the ACL.
- 19.5
The Site is provided on an "as is" basis. We do not warrant that it will be uninterrupted or error free.
- 19.6
You indemnify us against reasonable loss or liability we suffer to the extent it is caused by your breach of clause 15 or by fraudulent use of the Site by you or through your account. This indemnity does not extend to loss or liability caused by our own act or omission, or to indirect or consequential loss.
20. Suspension, cancellation and account closure
- 20.1
We may suspend or close your account, cancel an order, or restrict your access to the Site where we reasonably suspect a breach of these terms, fraud, abuse of a promotional offer, or where we are required to do so by law or by the Partner.
- 20.2
Where we cancel an order under clause 20.1, we will refund any amount you have paid for it. Where we are investigating suspected fraudulent activity in connection with the order, we may withhold the refund until the investigation is complete, and we will refund you if the suspected fraud is not substantiated.
- 20.3
You may close your account at any time by contacting customer support. Closing your account does not affect orders already placed.
21. Changes to these terms
- 21.1
We may change these terms from time to time. The current version, with its effective date, is always published on the Site.
- 21.2
The terms that apply to your order are those published at the time you placed it.
- 21.3
We will give notice on the Site of any material change before it takes effect.
22. Events outside our control
- 22.1
We are not liable for any delay or failure to perform caused by an event beyond our reasonable control, including natural disaster, fire, flood, epidemic or pandemic, industrial action, carrier or supplier failure, utility or telecommunications outage, or government action.
- 22.2
Where such an event causes a material delay, we will notify you and you may cancel the affected part of your order and receive a full refund for products not yet delivered.
23. General
- 23.1
These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State.
- 23.2
If any part of these terms is unenforceable, it is severed and the rest continues to apply.
- 23.3
A delay or failure by us to enforce a term is not a waiver of it.
- 23.4
We may assign or novate our rights and obligations under these terms to a related body corporate, or in connection with a sale of our business, without your consent.
- 23.5
These terms, together with the documents referred to in clause 1.5, are the entire agreement between you and us in relation to your use of the Site and your order.
24. How to contact us
- 24.1
Customer support contact details for the relevant Site are set out in Schedule C.
- 24.2
The operating entity for all Sites is Ticketmates Australia Pty Ltd (ABN 73 127 532 147), a wholly owned subsidiary of Gratifii Limited. Registered office details are available on request.
Schedule A – Physical Products (drop-ship)
This Schedule applies to tangible goods dispatched to you by a Seller.
A.1 Dispatch
- Sellers dispatch orders within the timeframe stated on the listing. Where no timeframe is stated, orders are dispatched within two (2) Business Days of order acceptance.
- Tracking is provided where the delivery method supports it.
- Where an order contains products from more than one Seller, the items are dispatched separately and may arrive at different times. A separate delivery charge may apply to each Seller’s items, and will be shown at checkout.
A.2 Delivery
- Delivery timeframes shown on a listing are estimates provided by the Seller or carrier. They are not guaranteed delivery dates.
- Delivery destinations, methods and charges are shown on the listing and at checkout. Some Sellers exclude particular postcodes or regions; any exclusion is stated on the listing.
- We deliver to the address you provide at checkout. You are responsible for its accuracy. Where an item is returned to the Seller because the address was incorrect or incomplete, a redelivery charge may apply.
- Where you select an authority to leave, the item is left at the nominated address without a signature and risk passes at that point.
- We do not deliver to PO boxes or parcel lockers unless the listing states otherwise.
A.3 Title and risk
- Risk in the goods passes to you on delivery.
- Title passes to you on delivery.
A.4 Change of mind returns
- You may return a Physical Product because you have changed your mind within thirty (30) days of delivery.
- The product must be unused, in its original condition and packaging, with all tags, accessories, manuals and free gifts included.
- Return postage is at your cost, and the original delivery charge is not refunded.
- A Seller may offer a longer return window or more generous conditions. Where it does, that is stated on the listing and applies instead of this clause.
- Change of mind returns are not available for the following, where the exclusion is stated on the listing: perishable goods; personalised, customised or made-to-order items; hygiene, intimate or personal care items where the seal has been broken; and items that cannot be resold for health or safety reasons.
A.5 Faulty, damaged, incorrect or not as described items
- Contact customer support within a reasonable time of delivery, with your order number, a description of the problem and photographs where relevant.
- Where the failure is major, you choose between a refund and a replacement. Where it is not major, we or the Seller may repair, replace or refund within a reasonable time.
- In these cases we pay the cost of returning the item and refund the original delivery charge.
A.6 Items that do not arrive
- If your order has not arrived within a reasonable time after the estimated delivery date, contact customer support.
- We will investigate with the Seller and the carrier. If the item cannot be located we will resend it or refund you in full.
Schedule B – Digital Products
This Schedule applies to eVouchers, eGift cards, digital tickets and redemption codes delivered electronically.
B.1 Delivery
- Digital Products are delivered by email to the address you provide at checkout, and are also available in your account where the Site supports this.
- Delivery is usually immediate. Where an order requires manual verification, delivery may take longer and we will tell you if this applies.
- You are responsible for the accuracy of the email address you provide. If your voucher does not arrive, check your junk or spam folder before contacting customer support.
B.2 Validity
- Where the Digital Product is a gift card to which Division 3A of Part 3-2 of the ACL applies, it is valid for at least three (3) years from the date it is supplied to you, and no post-supply fee is charged on redemption.
- Where those rules apply, the expiry date, or the words “no expiry date”, is shown on the voucher itself.
- For all other Digital Products, the validity period is stated on the listing and on the voucher
- Where a product has been booked for, or is stated to be valid only on, a specified date, it is valid for that date only.
- Where a ‘valid to’ date is shown on the listing or the voucher, that date applies.
B.3 Redemption
- Redemption is subject to the terms of the venue or operator, which are shown on the listing or the voucher before you purchase.
- Unless stated otherwise, a voucher or code may be used once only and must be redeemed in a single transaction. Where the venue or operator permits partial redemption, any residual balance is handled under their terms.
- Digital Products are not redeemable for cash, are not reloadable, and are not transferable for value unless the terms shown on the listing or the voucher allow it.
- You may be asked to present valid membership identification together with the voucher at the point of redemption.
B.4 Change of mind
- Because a Digital Product is supplied to you immediately on delivery, change of mind returns are not available once the voucher or code has been delivered.
- This does not affect your rights under the Australian Consumer Law or your rights under clause B.5.
B.5 Codes that do not work
- If a code is invalid, has already been redeemed, is rejected at the point of redemption, or does not match the product you purchased, contact customer support.
- We will replace the code or refund you in full.
B.6 Lost, stolen or misdirected vouchers
- Treat a voucher or code like cash. We can only reissue a voucher where the venue or operator permits it and the voucher has not already been redeemed.
B.7 If the issuer ceases to trade
- We issue the Digital Products sold on the Site. Where a venue, operator or other party with whom a voucher is to be redeemed ceases to trade, it may no longer be possible to redeem the voucher with that party. Contact customer support under clause 14 if this happens. Where the voucher can no longer be redeemed for that reason, we will provide a replacement voucher of equivalent value or refund the unredeemed value. Nothing in this clause limits any right or remedy you have against us under the Australian Consumer Law.
Schedule C – Site-specific terms
| Parameter | shopping.perksportal.com.au |
|---|---|
| Site name | PerksPortal Shopping |
| Storefront URL | https://shopping.perksportal.com.au |
| Partner | Gratifii Limited (Gratifii-owned brand – no external Partner) |
| Operator and merchant of record | Ticketmates Australia Pty Ltd (ABN 73 127 532 147) |
| Product types in scope | Physical Products (Schedule A). Digital Products (Schedule B) if and when enabled |
| Card statement descriptor | Ticketmates |
| Accepted payment methods | Visa, Mastercard, Amex, Apple Pay and Google Pay |
| Processing fee / surcharge | None |
| Delivery destinations | Australia wide, in most instances. Certain Sellers may exclude specific postcodes to regions, which will be listed on the product pages and at the checkout |
| Eligibility | Open to registered PerksPortal users |
| Customer support email | customersupport@gratifii.com |
| Customer support phone and hours | 07 5606 0191 Mon-Fri: 8:30am-7pm (AEST); Sat: 8:30am-5pm (AEST); Sun and public holidays: 9am-4pm (AEST) |
| Privacy Policy | https://shopping.perksportal.com.au |
| Amendment / cancellation fees | None apply to Physical Products. Any fee for a booked product must be disclosed on the listing |
| Governing law | Queensland, Australia |
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