Terms and Conditions
This website www.senda.com.au (hereafter the “Website”) and Senda mobile application available on App Store and Google Play (the “App”) is owned and operated by Easy Built Pty Ltd. (hereafter the “Company”,we”, “us”).
These Terms and Conditions may apply to the Website and App (collectively the “Services”, “Senda”).Your access to the Services is conditional upon your acceptance and compliance with the terms, conditions,notices and disclaimers contained in this document and elsewhere on the website (known collectively as “Terms and Conditions”). Your use of, and/or access to, the Services constitutes your agreement to the Terms and Conditions.
Senda reserves the right to amend these Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere on the Website.
Our Service
Senda is a platform that allows gifts to be sent via SMS, email or Social Media.The Senda mobile application and website is a free service to use.To use this service, you need to create an account with Senda.To purchase and send a Gift, you will need to use a valid VISA, MasterCard or PayPal account.Access to Senda is provided with your email and Touch ID or passcode depending on your device.Features include Buy a Gift, select a Card, select Wrapping Paper, send a Gift, and Accept a Gift using your mobile device, manage your Senda account and receive offers from time to time.Senda processes payment transactions on your behalf each time a payment is made. We use a third-party processor. We do not hold any financial information or credit card details. Senda provides users with a platform to send and receive Gifts.
Gift History
Each time you buy a Gift, you will be able to see all Gift purchased in your Gift History.
Sending Gifts
Each time you send a Gift via Senda to a friend you will be notified when the recipient has accepted the gift.Once the Gift has been received, Senda no longer accepts responsibility of the Gift that was sent. If the recipient has not received their email notifying them of their gift, ask the recipient to check their junk mail.In the event the email you have chosen is incorrect please contact support@senda.com.au so we can review your request and re-direct to the correct email.When sending Gifts, you are required to add the correct Mobile number or type in the email address a second time to reduce the risk of sending it to an incorrect email (the email you send it to is also displayed on your Tax Invoice). If by accident you have selected the wrong SMS or email and the Gift has already been redeemed, we are unable to assist with this request. Senda has the option to send gifts via Short Message Service (SMS), email or Social Media. Senda will endeavor to send the message to the receiver in the fastest possible time.
Scheduled Delivery
Gifts will be delivered to the recipient through a third-party logistics provider, delivery times will vary depending on the provider and the location of the recipient. Senda cannot guarantee the time of delivery, typically Gift are delivered in accordance of standard delivery timelines in Australia.
Short Message Service (SMS) Delivery
A SMS can be delivered to the recipient’s mobile phone, to alert them they have been sent a gift, recipients will be required to click on this link and provide their suitable mailing address to accept the gift. To view the SMS and accept the Gift, the recipient must have an internet enabled handset. The deliverability the SMS is dependent on several factors such as traffic feasibility on the mobile network and whether the applicant’s mobile phone is within reach and switched on; and cannot therefore be guaranteed by Senda. Senda is not a mobile network operator and does not guarantee the delivery of SMS text messages. The sender is
responsible for entering the correct phone number of the recipient, Senda is not liable for Gifts lost when the gift message is sent to the incorrect or unintended mobile phone number.
My Wallet
Each account automatically creates a My Wallet, this service will be available in January 2024.Receiving of a Gifts Upon joining Senda, you access to the App or website will show any Gifts that have been sent to you, you will be notified by SMS, email or through your social media platforms, through the Senda App or website, you will be able to enter your address for delivery.
Refer a Friend
From time to time Senda offers users the opportunity to receive a free Gift. Users can invite friends via email,SMS. Users are not permitted to send invitations to themselves, either via the same Senda account or by setting up new Senda account. Senda will only honour legitimate invitations to friends. At Senda’s sole
discretion – Senda will determine users who are deemed to be sending invitations to themselves.
Privacy and Cookies
Privacy is very important to us. We have a separate policy about it that you should read. We use cookies on our website to collect data about visitors. For information about how the Company and its affiliates collect,use, and share your personal data, cookies, please read our Privacy Policy
https://www.senda.com.au/privacypolicy . By using the Website, you agree that we may use your personal data in accordance with our Privacy Policy https://www.senda.com.au/privacypolicy .By using our Website, you consent to the Company, processing and transferring the user data as necessary for us to provide you with this service and enable you to use the Website and receive our Website. Such user’s information is used to execute an agreement with you as described in these Terms and Privacy Policy https://www.senda.com.au/privacypolicy .
Registration and Account
During the process of registration, you (the “User”) will be requested to submit their contact details and information such as full name, postal address, mobile phone number, email address, detailed payment method information, and will be asked to select a unique password for the account created. Your email address or mobile phone number will be used as your username if and when requested to sign in. By creating a Senda account, you must live in the Australia and have read, understood, and agree to be bound by the Terms. Users of the Service must be 18 years of age or older. If you are under the age of 18,then you are not permitted to register for an account with Senda.If you don’t agree to the Terms or are under the age of 18, do not use the Site or the Service. These Terms do not affect any agreements you have with any other party for products, services or otherwise. Gifts sold via this service are only valid within Australia. We email all of our newly registered users and customers a welcome email. This is done in order to verify their password and username. It’s very important that when you submit your email address, make sure that it is an active and working one. This is going to be the email address where you will receive email notifications from us containing your download links, purchase confirmation, support, product notices and any other relevant updates regarding transactions executed by the User. Also, we may request by you your mobile phone number for verifying. To the extent required you agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form and/or any registration form on the Website and/or App. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription or account and refuse all current or future use of the Service in our sole discretion. When you register with us, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your membership or any membership rights. You may terminate your account at any time, for any reason. The Company may terminate your account at any time without notice if it believes that you have violated these Terms and Conditions.
Pricing
All prices quoted in the Website are in Australian dollars (AUD) and are fully inclusive of government taxes(GST).We do our best to accurately calculate duties, taxes and fees when we add these charges to your order at checkout. In some cases, however, these charges may be too low or too high. We make no guarantee as to the accuracy of these charges and we will not provide any refunds for over-charging.
Orders
The Company reserves the rights to refuse or to withdraw your order at any time for certain reasons including but not limited due to product availability, an error in the price of the product description posted on the Website, an error in your order or other reasons. Your contract will come into existence when you
have fully paid for your order and the Company advised you that it has accepted your order and your receipt has been confirmed.
Color and Product Description
We have made every effort to display the colors of goods accurately as they appear at this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete,
reliable, current or error-free.
Returns and Refunds
If a product offered by the site is not as described, your sole remedy is to return it for a refund in unused condition. When we receive and check this product, we will refund your cost. Senda is not responsible for the refund of purchase price or return of any products purchased from retailers. Any processed refunds will be credited to the payment method used for the original payment. This is to protect your security and prevent theft, loss, or fraud. Should you dishonestly apply to your bank, card issuer or payment service provider for a chargeback without first following our refund procedure, we may be entitled to bring legal action against you to recover from you any resulting losses that we may suffer. To request a refund from us, contact us via email support@senda.com.au with the following information:
• Your full name;
• Reason for requesting a refund;
• Email address which you specified during authorization;
• Evidence of shipment of product to us;
• The last four (4) digits of the credit card used to make payment (or name of PayPal account).
We will credit your refund to your debit/credit card account within 48 hours after product checking, and once your bank has accepted the refund you will see the refund on your statement within 3-5 business days.
Intellectual Property and Restrictions on Use of Content on the Website
“Senda” is a registered trademark in Australia. “Senda”, logo and any other product or service names are Company’s intellectual property and may not be copied, imitated or used, whether in whole or part, without the prior written consent of the Company. All other trademarks and names mentioned in the Service are the
property of their respective owners and cannot be used without the permission of the relevant holder. All information, text, material, graphics, software and advertisements on the Website (“Content”) are copyright of the Company, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorized in writing by the Company or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry standard Web browser, download and view the Content for your personal, non-commercial use) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of the Company or an affiliate or which is prohibited by these Terms and Conditions.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Senda named below:
• Your username, address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• You acknowledge and agree that Senda may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Senda, its users or the public.
Services Use Restrictions
You agree to not use the Services to: create an account, post or upload any content if the person is over 18 years old, modify, adapt, hack or emulate the Services, attempt to use another user’s account without their authorization, use any interface not provided by us to access the Services or to extract data, upload, post,
publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials that are unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; “stalk” another; upload, post, publish, email, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; harm minors in any way; impersonate any person or entity, including, but not limited to, Senda’s officer or other employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through our Service; upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses,Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information; act in a manner that negatively affects other users’ ability to use our Service; violate the rights of the Company, our users or any third-party, interfere with or disrupt our Service or servers or networks connected to our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our Service; or intentionally or unintentionally violate any applicable local, state, national or international law. You also agree that you will not harvest, collect or store information about the users of the Service or the content posted by others on the Service or use such information for any purpose inconsistent with the purpose of the Service or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from
creating another account with Senda. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.
User License
By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Senda a perpetual, royalty free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the
information or material:
• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of Senda and any other party authorized by Senda all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Senda, you will execute and deliver to Senda such instruments and take such other actions as may be required to carry out this grant of license and waiver.
Links to Third Party Website
The Website may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Senda and the Company is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The Company provides these hyperlinks
to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Company or its affiliates. You link to any such website entirely at your own risk. We are not responsible for the availability or content of other services that may be linked to our Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services. Any such links do not imply our endorsement of or association with the linked sites. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, linked websites or webpages.
Modifying the Service
Our team is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
Feedback
We welcome your feedback. Feedback submitted through the Service or otherwise is non-confidential and becomes the sole property of the Company. We own the intellectual property rights in and to such feedback and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or
otherwise, without acknowledgement to you.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order, or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Waiver
No waiver of any term of these Terms and Conditions will be binding unless in writing, no waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term, and the failure of the Company to exercise or enforce any right or remedy in these Terms and Conditions
does not waive that right or remedy.
Termination
The Terms and Conditions are effective until terminated by the Company, and the Company may terminate this agreement and your access to the Website and/or Service at any time without notice. In the event of termination, you are no longer authorized to access the Website/Service, but all restrictions imposed on
you, licenses granted by you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Severability
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Disclaimer, Warranties and Limitation of Liability
THE WEBSITE AND APP ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITE AND APP. AS SUCH, YOUR USE OF THE WEBSITE AND APP IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND APP AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES,WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SERVICE DO NOT
CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SERVICE AND ANY MATERIALS AVAILABLE THROUGH OUR SERVICE,YOU DO SO SOLELY AT YOUR OWN RISK.
Under no circumstances (including but not limited to any act or omission on the part of the Company) will the Company or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that the Company does not exert control over users and visitors of the Website and is not liable either for their opinions or their behavior, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, the Company’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of the Company to the following:
• in the case of services supplied or offered by the Company, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by the Company, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. Senda is a marketplace that provides users access to Gifts offered by third parties. As an intermediary, we are not responsible for the items provided by third parties, nor can we be held responsible for transactions on third party websites. Use of third-party logos and trademarks in no way constitutes an affiliation between the Company and a third party.
We attempt to provide accurate descriptions of products and services on our Service. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on our Service is not as described, your sole remedy is to return the item, as specified in these Terms
and Conditions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on our Service is inaccurate at any time without prior notice (including after you have submitted your order).
In no event will the Company be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Service and content contained, including but not limited to the Gifts, gift promotions, related products and services (this includes but is not limited to the redeemability of Gift Cards or gift promotions),user content, Company’s content, third party services and/or materials, however caused, regardless of the liability and even if the Company has been advised of the possibility of such damages. In the matter of or relating to the use of or inability to use the Service, Company’s total liability will not exceed fifty dollars ($50.00).
Exclusion of Negligence
The Company is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
• the manufacturer of the goods fault;
• inconsistency with the description of the goods provided by the manufacturer of the goods or merchant.
Governing Law and Disputes
These Terms and Conditions shall be governed by the laws of Victoria, Australia applicable to agreements made and to be performed therein without regard to conflict of laws principles. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of our Service resides in the courts of Australia, in the state of Victoria, or any state court located in Australia, AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION.
Any cause of action or claim you may have with respect to our Service must be commenced within one (1) year after such claim or cause of action arises.
For any technical issues with our Service please contact support@senda.com.au for us to review the problem. We will take all measures to rectify the issue as soon as possible. Senda will review your complaint and notify you if we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process.
Please follow the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made using our Services:
Notify Senda via email at support@senda.com.au about the complaint you may have. Senda reserves all rights to conclude and offer, if warranted and applicable, a reasonable remedy for your complaint. In the event your complaint violates these Terms and Conditions for our website, any other policy not herein, or all applicable state and federal laws, we will dismiss your complaint and take reasonable action to procure a judgment against you. We have no obligation to resolve any dispute between you and any other recipient or retailer. Users may resolve a dispute directly with each other or with the applicable retailer.
General
These Terms and Conditions, together with our Privacy Policy https://www.senda.com.au/privacypolicy and any other notices or policies we have published on Website and additional terms for specific features or areas, as applicable, constitute the entire agreement between you and us regarding this Website and our
Services.
You represent and warrant that: (i) you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country; and (ii) you are not listed on any Australian Government list of prohibited or restricted parties.We rely on your continued observance of these Terms and Conditions. If the Company suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then you agree to indemnify the Company for those losses, damages and costs. You (user, customer) and we shall be independent parties under these Terms and Conditions, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Terms and Conditions. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Certain territorial restrictions may apply to your use of our Service. Our Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control our Service from offices located in the Australia and makes no representations or warranties that the information, products or services contained in our Service are appropriate for use or access in other locations. Anyone using or accessing our Service from other locations does so on their own initiative and are responsible for compliance within Australia and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Contact Us
Feel free to contact us for any question or notices you may have or wish to share with us. If you have any question regarding this Terms and Conditions or our Services, please contact us by email at support@senda.com.au or send mail to the following address:
Attn: Help Centre
Level 1, 2 Brunswick Road, East Brunswick Victoria 3057, Australia
Website: www.senda.com.au Email: support@senda.com.au Phone: 61 402 542 657