Legal
Terms & conditions.
Effective Date: October 10, 2026
Last Updated: October 10, 2026
These Terms of Service ("Terms") govern your access to and use of the GiftPop website, platform, and related services, including the purchase of gift vouchers, services, and physical add-on products. By accessing or using the platform, you agree to be bound by these Terms.
1. Hybrid Marketplace Model: Agent and Direct Seller
- Agency Role for Services & Vouchers: For gift vouchers, bookings, and vendor-specific experiences, GiftPop operates strictly as an independent technology platform and booking/issuance agent for the independent merchants ("Vendors"). When you purchase a voucher or service, you enter into a direct legal contract with the independent Vendor, and our legal liability is limited entirely to issuing and delivering the voucher on their behalf. We bear no liability for the fulfillment or quality of those underlying vendor services.
- Direct Sales of Physical Add-ons: For physical add-on items fulfilled and shipped directly by us (such as chocolates, greeting cards, or curated gift boxes), GiftPop acts as the direct seller. Your contract for those specific physical add-on items is directly with us, and we are responsible for their quality and shipping in accordance with New Zealand consumer law.
2. Gift Vouchers and the Fair Trading Act
- Agent Issuance: Gift vouchers purchased on the marketplace are issued by us strictly as an agent authorized by the underlying Vendor. The legal obligation to honor the voucher rests entirely with the Vendor.
- 3-Year Minimum Expiry: In compliance with the New Zealand Fair Trading Act, all eligible gift vouchers sold on the platform carry a minimum expiry period of 3 years from the date of purchase (unless a specific statutory exemption applies, such as genuine promotional vouchers issued for free). The applicable expiry window is clearly displayed on the voucher.
- Redemption Rules: Vouchers may only be redeemed for goods or services offered by the specified Vendor. Vouchers hold no cash value and cannot be exchanged for cash, except where mandated by New Zealand law.
- Lost or Stolen Vouchers: Vouchers must be treated like cash. Neither we nor the Vendors are responsible for lost, stolen, or unauthorized use of voucher codes.
3. Partial Voucher Balances
If a recipient redeems a gift voucher for an amount less than the total face value, whether the remaining balance is retained as store credit or forfeited depends entirely on the individual Vendor's store policies, and GiftPop is not responsible for managing or refunding leftover fractional balances unless specified by the Vendor.
4. Gifting and Third-Party Recipients
If you purchase a gift voucher, physical add-on, or experience for another person (the "Recipient"), you warrant that you have obtained the Recipient's consent to provide their name, email address, and delivery details to us for fulfillment and delivery. The Recipient is bound by these Terms and the underlying Vendor's redemption conditions upon accepting or utilizing the gift.
5. Shipping and Delivery of Physical Add-ons
- We ship physical add-on items within New Zealand using trusted courier networks.
- Delivery timeframes are estimates and commence from dispatch. We are not liable for courier delays caused by public holidays, adverse weather, or carrier disruptions.
- Risk of loss and title for physical add-on items pass to you upon delivery to the specified address. If a package arrives visibly damaged, you must notify our support team within 48 hours with photographic evidence.
6. Account Registration and User Conduct
- Eligibility: You must be at least 18 years old (or have legal parental/guardian consent) to create an account and make purchases.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Prohibited Conduct: You agree not to use the platform to engage in unlawful behavior, post defamatory or fraudulent content, scrape or harvest data from the platform without authorization, or attempt to compromise the technical security of our systems.
7. Pricing, Payments, and Taxes
- Pricing & GST: Prices for products, physical add-ons, and gift vouchers include New Zealand Goods and Services Tax (GST) where applicable.
- Payment Processing: Payments are processed securely via third-party payment gateway providers.
8. Refunds, Cancellations, and Consumer Guarantees
- Physical Add-on Returns: If you are unsatisfied with a physical add-on item (such as chocolates or non-perishable gifts) purchased directly from us, you may request a return or refund within [14 or 30] days of delivery, provided the item is unopened, undamaged, and in its original packaging. Perishable items are generally non-refundable unless they arrive spoiled or damaged, in accordance with the New Zealand Consumer Guarantees Act 1993.
- Vendor Service / Voucher Refunds: Because the underlying contract for services and vouchers is between you and the independent Vendor, requests for refunds or disputes regarding vendor services must ultimately be honored by the Vendor. While we provide support channels to help mediate resolution, GiftPop disclaims direct legal liability for vendor service performance under the Consumer Guarantees Act.
9. Force Majeure
Neither GiftPop nor the independent Vendors shall be held liable for any failure or delay in performing services, fulfilling vouchers, or delivering physical add-ons if such failure arises from acts of God, natural disasters, severe weather, strikes, government restrictions, or other events completely beyond our reasonable control.
10. Intellectual Property Rights and User Content
- Platform IP: All software, text, graphics, logos, trademarks, and design elements on GiftPop are the intellectual property of our company or our licensors. You may not copy, reproduce, modify, or distribute any platform content without our explicit written permission.
- User Content & Reviews: If you submit reviews, ratings, feedback, or comments on our platform, you grant us a non-exclusive, royalty-free, perpetual license to use, display, and publish such content. We reserve the right to remove, moderate, or refuse to publish any user content that we deem inappropriate, fraudulent, or defamatory.
11. External Links Disclaimer
Our platform may contain links to independent third-party websites or vendor pages that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third-party websites.
12. Limitation of Liability
To the maximum extent permitted by New Zealand law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986):
- GiftPop's total aggregate liability for any claim arising out of or related to your use of the platform, your account, or the purchase of a voucher or physical item shall not exceed the total value of the specific transaction in question (or NZD $100, whichever is lower). Nothing in these terms is intended to contract out of statutory consumer guarantees where the law prohibits doing so.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand for any legal disputes arising out of or related to these Terms.
14. Changes to Terms
We reserve the right to modify these Terms at any time. When we make updates, we will revise the "Last Updated" date at the top of this page. Your continued use of the platform after changes are posted constitutes your acceptance of the revised Terms.
15. Contact Information
For support, inquiries, or notices regarding these Terms, please contact:
- Company Name: GiftPop Group Limited
- Email: support@giftpop.co.nz
- Location: Auckland, New Zealand