Terms of Sale — Australia
Sold by eGifter (GroupGifting.com, Inc. d/b/a eGifter), as Merchant of Record | Issued by Fanatics (International) Limited (the “Merchant”)
Last Updated: July 16, 2026
IMPORTANT — YOUR STATUTORY RIGHTS: These Terms apply to consumers purchasing Gift Cards in Australia. eGifter is the seller and Merchant of Record for the purchase transaction. The Merchant is the issuer of the Gift Card and is responsible for its redemption. These Terms are in addition to rights you have under the Australian Consumer Law (ACL), which forms Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes, restricts, limits, or modifies any right or remedy you have under the ACL, and to the extent of any inconsistency, the ACL prevails.
Introduction and Parties
Who you are contracting with, and how these Terms work.
Welcome. Welcome to the eGifter Platform, a service of GroupGifting.com, Inc. d/b/a eGifter (“eGifter”, “we”, “us”, “our”), and our website and mobile applications (the “Site”). Please read these Terms of Sale (“Terms”) carefully, as they set out the legally binding agreement between you (“you”, “your”, “User”, “Purchaser”) and eGifter on which we sell you a Gift Card and provide you access to the Site and our services (collectively, the “Platform Service”).
Seller and Merchant of Record (eGifter). These Terms govern your purchase of the Merchant’s Gift Card from GroupGifting.com, Inc. d/b/a eGifter, a company incorporated in the State of Delaware, USA, with its principal place of business at 315 Main Street, 2nd Floor, Huntington, NY 11743. eGifter is the seller and Merchant of Record for Gift Cards sold through this Storefront and is responsible for processing your payment, completing the sale, and delivering your Gift Card to you or your Recipient. eGifter is not a banking institution or other regulated financial institution and does not represent itself as such; eGifter provides the technology and platform through which Merchant Gift Cards are purchased.
The Merchant (Issuer and Redeemer). The Merchant is the issuer of the Gift Card. The relationship governing the obligation, ownership, use, and redemption of the Gift Card is between you (or the Recipient) and the Merchant, and is subject to the Merchant’s own gift card terms and conditions. The Merchant is fully responsible for all claims or liabilities relating to the Gift Card programme, for honouring the Gift Card in accordance with applicable law (including the ACL), and for any matters concerning the validity period of, or fees relating to, the Gift Card. eGifter is not the issuer of any Gift Card and is not responsible for its redemption.
Two Separate Relationships. Your purchase of a Gift Card is between you and eGifter, governed by these Terms. Your redemption of a Gift Card is between you (or the Recipient) and the Merchant, governed by the Merchant’s own gift card terms and conditions. eGifter is not a party to the redemption relationship. The only transaction you have with eGifter is your payment toward the Gift Card and any fees charged for using the Platform Service to facilitate the purchase.
Recipients. The Platform Service may allow you to purchase a Gift Card for yourself or for another person (a “Recipient”). References to “you” include the Recipient where the context requires. By purchasing a Gift Card for a Recipient, the Recipient acquires the right to redeem the Gift Card issued by the Merchant, subject to these Terms and the Merchant’s terms and conditions.
Scope and Eligibility. These Terms apply to consumers purchasing Gift Cards in Australia. By purchasing a Gift Card, you confirm that you are at least 18 years of age (or, if you are under 18, that you are at least 13 years of age and have the consent of a parent or guardian, who agrees to be bound by these Terms on your behalf), that you reside in Australia, and that your purchase complies with all laws applicable to you. If you are an adult purchasing a Gift Card as a gift for a person under 18, you are responsible for ensuring that the Recipient’s use is appropriate for their age. If you do not agree to these Terms, please do not use the Site or the Platform Service.
Agreement and Changes. By completing a purchase, you agree to be bound by these Terms. We may amend these Terms from time to time by posting the amended Terms on the Site. Amendments apply prospectively only: the Terms applying to your purchase are those in force at the time you place your order, and no amendment will apply retroactively to, or reduce your rights in respect of, a Gift Card already purchased. If you see the word “including” in these Terms, it means “including but not limited to”.
1. Payment and Pricing
Price and Currency. The price of each Gift Card is the face value shown at checkout, plus any fee charged for using the Platform Service to facilitate the purchase (if any), as disclosed before you pay. All prices are in Australian dollars (AUD) and are the full price payable.
GST. In accordance with Division 100 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the sale of a Gift Card is not treated as a supply for GST purposes. eGifter does not collect GST on the face value of the Gift Card at the time of purchase. GST may apply at redemption on the goods or services purchased from the Merchant and is accounted for by the Merchant.
Payment Methods. Accepted payment methods are displayed at checkout. eGifter does not store your full payment card details; all payment transactions are processed by a third-party PCI DSS-compliant payment processor. We do not charge any surcharge for the use of a particular means of payment. Your selected payment method will be charged for the Gift Card value and any applicable fee when your order is confirmed. Additional measures may be necessary to verify the authenticity of your transaction and your payment information.
Order Confirmation. A binding contract between you and eGifter is formed when we send you an order confirmation. We may decline to accept an order if the Gift Card is unavailable, payment cannot be verified, a pricing or description error is identified, the order is flagged for security or compliance review, or for any other reasonable cause.
Pricing Errors. We take care to ensure pricing is accurate. If a pricing error is identified before your order is confirmed, we will correct it. If a pricing error is identified after confirmation, we will contact you and offer you the option to proceed at the correct price or to receive a full refund. This does not limit your rights under the ACL.
2. Gift Cards — Issuer and Seller Roles
eGifter’s Role. Gift Cards are sold and distributed by eGifter as seller and Merchant of Record. eGifter is responsible for the purchase transaction — payment processing, completion of the sale, delivery of the Gift Card, and refunds of the purchase price where these Terms or applicable law so require. eGifter is not a banking institution or regulated financial institution and does not issue Gift Cards. eGifter’s liability to you is limited to the purchase transaction itself, as further described in the Limitation of Liability section below and subject always to the ACL.
Merchant’s Role. Gift Cards are issued by the Merchant. The Merchant is fully responsible for all claims or liabilities relating to the Gift Card programme and its redemption, including any liability arising from unredeemed or partially redeemed Gift Cards, and is obligated to honour the Gift Card in accordance with applicable law, including the ACL. Once a Gift Card is purchased, the Merchant, as issuer, is responsible for its redemption for goods or services.
Expiry. Gift Cards have no expiry date unless expressly stated at the time of purchase. The Merchant, as issuer, is required under the ACL to ensure that Gift Cards purchased on or after 1 November 2019 remain redeemable for a minimum of three (3) years from the date of supply. Expiry compliance is the Merchant’s obligation as issuer. If you believe the Merchant has set an expiry date that does not comply with the ACL, you may contact the ACCC or your state or territory fair trading body (see “Consumer Rights Bodies”).
Post-Supply Fees. The Merchant, as issuer, is prohibited under the ACL from imposing post-supply fees (including activation, inactivity, account-keeping, or balance-enquiry fees) on Gift Cards after purchase. This is the Merchant’s obligation as issuer, and eGifter does not impose any post-supply fees. If you believe a prohibited fee has been charged by the Merchant, please contact the ACCC or your state or territory fair trading body (see “Consumer Rights Bodies”).
Merchant Terms and Geographic Restrictions. Gift Cards are subject to the Merchant’s own gift card terms and conditions, including any restrictions on where the Gift Card may be redeemed. It is your responsibility to confirm whether a Gift Card can be redeemed at your location or your Recipient’s location before completing your purchase.
eGifter’s Limitation. eGifter does not control the Merchant, the Recipient, or any other User, and is not responsible for: the Merchant’s acts or omissions in connection with the Gift Card programme or redemption; the quality, fitness, or supply of any goods or services obtained with a Gift Card; changes to the Merchant’s products, services, programme terms, or prices occurring after purchase but before redemption; the Merchant’s failure to redeem the Gift Card; or the Merchant’s insolvency or cessation of trading. Redemption-related queries should be directed to the Merchant. This does not affect your rights under the ACL against the Merchant, or your rights against eGifter in respect of eGifter’s supply of the Gift Card.
3. All Sales Final — Refund Policy
General Rule. Except as required by law (including the ACL) or as set out elsewhere in these Terms, all Gift Card sales are final, and there are no cancellations, refunds, or exchanges after purchase.
eGifter’s Responsibility. As Merchant of Record, eGifter is responsible for ensuring the Gift Card is delivered as described (correct denomination, brand, and delivery method). If your Gift Card is non-functional or incorrectly delivered due to an error attributable to eGifter, please contact us promptly and, provided the balance has not been spent and has not changed from the original amount, eGifter will provide a replacement Gift Card of equivalent value or a refund of the purchase price.
Merchant’s Responsibility. eGifter is not responsible for the refund, return, or exchange of any goods or services purchased from the Merchant using a Gift Card. Your recourse for such matters is with the Merchant, subject to the Merchant’s policies and your rights under the ACL against the Merchant.
Refund Method. Where eGifter issues a refund, it will be made to your original payment method. Refunds cannot be made in cash.
4. Delivery and Activation
How Gift Cards are delivered and activated, whether digital, physical, or both.
Delivery Methods. Depending on the options available at checkout, a Gift Card may be delivered digitally (by email, text message, or via the eGifter web or mobile application) or physically (by post or other delivery method), or both, as selected at checkout.
Digital Gift Cards. Digital Gift Cards are delivered electronically to the delivery details you provide at checkout. eGifter is not responsible for non-delivery caused by an incorrect email address, telephone number, or other delivery details provided by you, or by circumstances outside eGifter’s reasonable control.
Physical Gift Cards. Physical Gift Cards are sent to the delivery address you provide at checkout, using the delivery method selected or otherwise made available at checkout. Delivery timeframes for physical Gift Cards are estimates only. eGifter is not responsible for delays or non-delivery caused by an incorrect or incomplete address provided by you, by the carrier, or by circumstances outside eGifter’s reasonable control.
Activation. Gift Cards are activated in connection with the completion of your purchase. If a Gift Card you have purchased has not been activated, or a digital Gift Card has not been received within a reasonable time after your order confirmation, please contact us via the support link on the Platform Service and we will resolve the matter.
Risk and Title. Risk and title in a Gift Card pass to you or the Recipient upon electronic transmission or dispatch of the Gift Card, as applicable. eGifter is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission after delivery, save to the extent caused by eGifter’s breach of these Terms or negligence.
5. Claiming a Gift Card
Users of the Platform Service may purchase Gift Cards and send Gift Cards to a Recipient via the available delivery methods, as described above.
Digital Gift Cards. Digital Gift Cards require the Recipient to click a “Claim” button or link on the Platform Service or in the electronic delivery notification, and may require the Recipient to log in to the Platform Service in order to access the Gift Card.
Physical Gift Cards. A physical Gift Card does not require a Claim step and is ready for use on receipt in accordance with the Merchant’s terms, once activated as described above.
6. Errors and Lost or Misplaced Gift Cards
Reporting Errors. If your Gift Card order is incorrect, you (or the Recipient) should notify eGifter within thirty (30) days of the date of electronic transmission or dispatch of the Gift Card. Provided the Gift Card balance has not been spent and has not changed from the original amount, eGifter will correct the error. This does not affect your rights under the ACL.
Lost or Misplaced Gift Cards. If a digital Gift Card has been lost or misplaced and the balance has not been spent or changed from the original amount, please contact us via the support link on the Platform Service, and eGifter will use reasonable efforts to provide a replacement, subject to verification that the balance is unused. For a lost, stolen, or destroyed physical Gift Card, replacement (if any) is governed by the Merchant’s policies and applicable law.
7. ACL Consumer Guarantees
Nothing in these Terms excludes the consumer guarantees that apply under the ACL. 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 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. To the extent the ACL applies to eGifter’s supply of a Gift Card to you, eGifter warrants that the Gift Card will work as described — that is, it will be a valid, activated Gift Card for the correct denomination and brand, delivered as ordered. Where eGifter fails to meet a consumer guarantee under the ACL in respect of its supply of the Gift Card, eGifter’s liability is limited (at eGifter’s election) to: (a) replacement of the Gift Card or supply of an equivalent; or (b) a refund of the purchase price. This section concerns eGifter’s supply of the Gift Card only; the quality, fitness, and supply of any goods or services you obtain from the Merchant when you redeem the Gift Card are the Merchant’s responsibility, and your ACL rights in respect of those goods or services are against the Merchant. Nothing in these Terms excludes any guarantee, right, or remedy that cannot be excluded under the ACL.
8. Purchase Limits and Anti-Money Laundering
Purchase Limits. eGifter may impose, and may modify from time to time, limits on the amount that may be purchased per Gift Card, per transaction, and within a given period, in order to comply with applicable law, including anti-money-laundering and counter-terrorism-financing obligations, and to manage fraud and other risk. The purchase limits applicable to your transaction are those required by applicable law and any additional limits displayed at checkout or otherwise made available on request.
Flagged Transactions. Transactions that exceed an applicable limit, or that are otherwise flagged for security or compliance review, may be delayed, held, or cancelled. Where we are required to make a report under applicable anti-money-laundering and counter-terrorism-financing law, or are otherwise restricted by law, we may be unable to tell you the reason for a delay, hold, or cancellation. If your transaction is cancelled for compliance reasons, eGifter will refund the amount charged to your original payment method as soon as practicable after review, where lawful to do so.
Prohibited Uses. Gift Cards must not be used for money laundering, fraud, or any other unlawful purpose. You may not purchase Gift Cards if you are subject to applicable sanctions, and you will not use the Platform Service for any unlawful or otherwise prohibited activity.
9. Your Account
Where the Platform Service requires or offers account registration, the following applies.
Registration. When you register an account or make a purchase, you agree: (a) to submit your own valid email address; (b) to create a username and password where required; (c) that all information you submit will be accurate and not misleading; (d) to keep confidential all aspects of your account, including your username and password; (e) that you are responsible for any and all use of your account where you have failed to keep your credentials confidential; (f) to keep confidential all aspects of other Users’ account information to which you may have access; (g) to notify us promptly of any unauthorised use of your account; and (h) that you will not use the Platform Service for any unlawful or otherwise prohibited activity.
Account Suspension. We reserve the right to suspend or cancel a user account if we reasonably believe it has been used in breach of these Terms, for fraudulent or unlawful purposes, or in a manner that causes harm. We will give reasonable notice where we are lawfully permitted to do so.
10. Platform Service
Service Description. The Platform Service allows you to purchase Gift Cards for yourself or for a Recipient. Gift Cards may be delivered digitally or physically, as selected at checkout. To purchase a Gift Card, you will select a Recipient (which may be yourself), choose a purchase amount, optionally personalise the gift, and complete the purchase process using a valid payment method.
Where the Platform Service allows Users to submit content, the following provisions on User Content and Account Termination apply.
User Content. You and other Users may provide content to the Site via the Platform Service (“Content”). We do not control, endorse, or verify any Content. You understand that we may use your Content to provide the Platform Service and for related purposes as described in our Privacy Policy. We reserve the right to remove Content that breaches these Terms or applicable law.
Account Termination. We may cancel a user account where you: submit unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable Content; submit sexually explicit Content; engage in conduct that could constitute a criminal offence or give rise to civil liability or otherwise breach any applicable law; post unsolicited or unauthorised advertising or spam; submit Content alleged to infringe any intellectual property right; upload any virus or harmful code; post Content originally posted by another User without permission; or for any other reasonable cause. If you encounter objectionable Content, please notify us via the support link on the Platform Service. Acting reasonably, we will determine what action, if any, to take.
11. Intellectual Property
Any trade mark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, “IP”) displayed on the Site or Platform Service is either eGifter’s property or the property of our Merchants, licensors, co-branders, or other third parties, and may not be used by you without the prior written consent of the owner of such IP. All rights to third-party IP are reserved to those third parties.
You may use the material from the Platform Service for your personal, non-commercial use only. You acquire no ownership right or other interest by downloading any IP from the Platform Service, and you may not copy, sell, resell, or otherwise exploit any aspect of the Platform Service for any commercial purpose. None of the material used on or with the Platform Service may be reverse-engineered, disassembled, decompiled, resold, or redistributed without eGifter’s prior written consent, except to the extent such restriction is prohibited by applicable law. We retain and reserve all right, title, and interest in all IP and other material used on or with the Platform Service (except for IP belonging to third parties), and reserve all rights not expressly granted under these Terms.
12. Your ACL Rights and Our Disclaimers
Your ACL Rights. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the ACL or any other applicable Australian consumer protection law. Where these Terms conflict with such a right, the ACL prevails.
Platform Service Disclaimer. Subject to your rights under the ACL and the section “ACL Consumer Guarantees,” the Platform Service is provided on an “as is” and “as available” basis. To the extent permitted by law, we do not guarantee that the Platform Service will be uninterrupted, timely, secure, or error-free, and we make no warranty as to the performance of any third party, including any Merchant that might not redeem a Gift Card or supply any goods or services obtained through the use of a Gift Card. We also make no warranty as to the results that may be obtained from use of the Platform Service, or as to the accuracy or reliability of any information obtained through it. This does not affect your rights under the ACL.
13. Limitation of Liability
Liability We Do Not Exclude. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under the ACL, including liability under the consumer guarantees. Where eGifter is liable for a failure to comply with a consumer guarantee that cannot be excluded, and the failure does not relate to goods or services of a kind ordinarily acquired for personal, domestic, or household use, eGifter’s liability is limited (at eGifter’s election) to replacement or re-supply, or the cost of replacement or re-supply, to the extent permitted by the ACL.
Liability We Limit. Subject to the paragraph above, eGifter is not liable for any indirect, incidental, special, or consequential loss, or for any loss or damage that was not reasonably foreseeable, or that arises from: (i) late or failed delivery of any goods or services obtained from a Merchant; (ii) any defect or quality aspect of any goods or services; (iii) any breach of a Merchant warranty; (iv) a Merchant’s failure to redeem a Gift Card; or (v) any third-party content uploaded onto or downloaded through the Platform Service. Subject to the first paragraph of this section, eGifter’s total liability to you in respect of a Gift Card shall not exceed the greater of the purchase price paid by you for that Gift Card or its face value.
14. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless eGifter and its officers, directors, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors from and against any claims, liabilities, losses, and reasonable expenses (including reasonable legal costs, whether incurred in defending a third-party claim or in enforcing this indemnity) to the extent they arise out of or relate to: (i) your breach of these Terms; (ii) your violation of any applicable law or any right of any third party; or (iii) any Content you submit to the Platform Service. You also agree not to involve eGifter in any dispute between you and a Merchant, Recipient, or other third party concerning redemption or the underlying goods or services; your recourse in such matters is with the Merchant or other relevant party; however, this does not prevent you from pursuing any claim you have against eGifter in respect of eGifter's own obligations under these Terms or the ACL. Nothing in this section requires you to indemnify eGifter for any liability arising from eGifter’s own breach, negligence, or wrongful act, and nothing in this section affects your rights under the ACL.
15. Service Availability and Force Majeure
eGifter will use reasonable efforts to ensure the Platform Service is available and Gift Card orders are processed in a timely manner, but does not guarantee uninterrupted or error-free operation.
Force Majeure. eGifter is not liable for any delay or failure in delivering a Gift Card that is caused by events outside its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, cyberattacks, or failures of third-party service providers. Where such an event prevents delivery of a Gift Card for which payment has been collected, eGifter will refund the purchase price to your original payment method as soon as practicable. This does not limit the Merchant’s obligation to honour Gift Cards at redemption, nor does it affect your rights under the ACL.
16. Links to Third-Party Sites
The Platform Service may contain links to third-party websites not owned or controlled by eGifter. We are not responsible for the content, privacy practices, or terms of use of any third-party website, and you visit third-party websites at your own risk.
17. Privacy
Privacy Policy. eGifter’s collection, use, and disclosure of your personal information in connection with your Gift Card purchase is governed by eGifter’s Privacy Policy, including the Australia Addendum. By using the Platform Service, you acknowledge that you have read and understood the Privacy Policy.
Privacy Act 1988 (Cth). eGifter’s handling of your personal information is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) to the extent applicable.
Spam Act 2003 (Cth). eGifter will only send you marketing communications where you have provided your consent, in accordance with the Spam Act 2003 (Cth). You may opt out at any time using the unsubscribe mechanism in those communications.
18. Governing Law and Jurisdiction
New South Wales. These Terms are governed by the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia applicable there. You and eGifter submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia. Nothing in this section prevents you from bringing a claim in the courts or tribunals of the state or territory in which you reside, or affects any protection available to you under the consumer protection laws of that state or territory.
ACL Prevails. The choice of governing law does not affect your rights under the ACL or any applicable state or territory consumer protection law.
No Arbitration. We do not require Australian consumers to resolve disputes through binding arbitration. You retain your right to bring a claim in an Australian court or tribunal.
Equitable Relief. eGifter may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of its intellectual property or other rights, without this affecting your rights under the ACL.
19. How to Complain
We want you to be satisfied with your purchase. If you have a complaint about your order or these Terms, please contact us via the support link on the Platform Service or by email at support@egifter.com, including your order number and a description of the problem. We will acknowledge your complaint and work with you to resolve it. Nothing in our complaints process affects your rights under the ACL.
20. Consumer Rights Bodies
If you are not satisfied with our response to a complaint, you can contact the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au, or the consumer protection or fair trading body in your state or territory. You can find your local body through the ACCC website.
21. Scam Warning
Gift card scams are common in Australia. If someone asks you to purchase a Gift Card and share the code as a form of payment — for example, to pay a supposed debt, fine, fee, or bill — this is almost certainly a scam. Never share a Gift Card code with anyone you do not know and trust. You can report scams to the ACCC’s Scamwatch at www.scamwatch.gov.au.
22. General Provisions
Entire Agreement. These Terms, together with the Merchant’s gift card terms and conditions (in respect of redemption) and eGifter’s Privacy Policy, constitute the entire agreement between you and eGifter relating to your purchase of a Gift Card, and supersede all prior understandings, proposals, agreements, negotiations, and discussions. This does not exclude liability for any statement made fraudulently and does not affect your rights under the ACL.
Severability. If any provision of these Terms is held to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
Unfair Contract Terms. These Terms are subject to the unfair contract terms provisions of the ACL. Any term that is void or unenforceable under those provisions will be severed, and the remaining Terms will continue in force.
No Waiver. Any failure by eGifter to enforce a provision of these Terms is not a waiver of our right to enforce it later.
Assignment. You may not transfer your rights under these Terms without our consent. eGifter may transfer its rights and obligations to another organisation, provided this does not adversely affect your rights under these Terms. These Terms will apply to and be binding on the respective successors and assigns of you and eGifter.
Notices. Any notice to you may be given by email to the address you provide at the time of purchase or registration.
23. Contact Us
If you have any questions or concerns about these Terms or your order, please contact us. For prompt service, please include your order number.
| Channel | Details |
|---|---|
| Support (online) | Via the support link on the Platform Service (include your order number) |
| Postal address | GroupGifting.com, Inc. d/b/a eGifter, 315 Main Street, 2nd Floor, Huntington, NY 11743, USA |
| support@egifter.com |