Gift Card Order Terms and Conditions

These Gift Card Order Terms and Conditions ("Order Terms and Conditions") apply to Gift Cards issued by Coles Group Limited through Coles Group & Myer Corporate Services.
What are the Gift Card Order Terms and Conditions?
The Gift Card Order Terms and Conditions contain important information about ordering gift cards through Coles Group & Myer Corporate Services. Please take time to read the Gift Card Order Terms and Conditions before you place an order: they form the agreement between you and Coles Group for the purchase of your gift cards.
Important Notice to all Clients of Coles Group & Myer Corporate Services
Our Gift Card Order Terms and Conditions have changed with effect from 09/10/2009. All orders that you place for gift cards with Coles Group & Myer Corporate Services will now be subject to those terms.
Contents:
Document Definitions
Acceptance
Changes to Order Terms and Conditions
Information
Approved Purpose and Materials
On Selling
Company Registration
Ordering
Price and Payment
Discount on price
Refund and exchanges
Goods and Services Tax (GST)
Delivery
Order Activation
Order Cancellations
Privacy
Title and Risk
Trade Marks
Disclaimers and Limitation of Liability
Applicable Law
Want to find out more?
Document Definitions
"Coles Group", “we” or “us”
means Coles Group Limited ABN 11 004 089 936 of 800 Toorak Road, Tooronga, Victoria 3146;
"You" or "your business"
means a corporation, partnership or other legal entity that orders Gift Cards from Coles Group & Myer Corporate Services through a person having actual or apparent authority to do so;
"Bulk Activation Code"
is a confidential code issued to you by Coles Group & Myer Corporate Services that is used in conjunction with the Order Number to activate an Order;
"Coles Group & Myer Corporate Gift Card program"
is a Gift Card buying service provided by Coles Group, Myer Pty Ltd and their supplier partners;
"Coles Group & Myer Corporate Services"
is a business unit of Coles Group and is responsible for managing and operating the Coles Group & Myer Corporate Gift Card program;
"Delivery Recipient"
is the individual to whom the Order is to be delivered, as nominated by you in the Order;
"Gift Card"
means the Coles Group & Myer Gift Card, Myer Gift Card, Target Gift Card, Kmart Gift Card, Officeworks Gift Card, Coles Gift Card, BI-LO Gift Card, Vintage Cellars Gift Card, Liquorland Gift Card or 1st Choice Liquor Superstore Gift Card;
"Gift Card Presentation Folder"
is the paper base to which a Gift Card is attached and which contains important information in relation to that Gift Card;
“Gift Card Order Form”
means the form of that name, located at www.giftcards.com.au/corporate, which you must complete to place an Order;
"Issue Confirmation"
is a summary of the Gift Cards dispatched to you;
"Liquorland Direct"
means Liquorland (Australia) Pty Ltd ABN 82 007 512 414. All orders for Gift Cards which are redeemable for alcohol are processed by Liquorland Direct. (Licensed premises: Shop 1, 2 The Centre Way, Mount Waverley (Licence No 32004408)).
"Order"
is a request by you to purchase one or more Gift Card(s), which involves the Gift Card(s) being encoded with monetary value and other information and dispatched to a nominated Delivery Recipient;
"Order Confirmation"
is written confirmation of the details of an Order and is issued to you after payment is cleared;
"Order Number"
is a unique number used to identify a specific Order;
"Participating Stores"
are Myer and those Coles Group retailers who redeem Gift Cards. They include: Target, Kmart, Coles supermarkets, BI-LO supermarkets, Liquorland, Vintage Cellars, 1st Choice Liquor Superstore and Officeworks; and
"Tax Invoice"
summarises an Order including all costs and applicable GST charges.
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1. Acceptance
  1.1 These Order Terms and Conditions form a legally binding agreement between you and Liquorland Direct for Gift Cards redeemable for alcohol and you and Coles Group for other Gift Cards in relation to your participation in the Coles Group & Myer Corporate Gift Card program.
  1.2 You accept these Order Terms and Conditions, as amended from time to time: 1) when you register your business, 2) each time you place an Order and 3) each time your business or any person who purports to act on your behalf or is in possession of a Gift Card ordered by you participates in the Coles Group & Myer Corporate Gift Card program, regardless of the manner of participation and whether such participation is authorised or not.

a) You are welcome to print a copy for your records
b) If you do not accept these Order Terms and Conditions, do not register your business or place an Order
  1.3 Coles Group & Myer Corporate Services is a supplier of Gift Cards only. When you use the Gift Cards in your promotion or offer, neither Coles Group or Liquorland Direct is not the promoter. The terms and conditions associated with any program utilising Gift Cards must clearly stipulate that the program, including the issue of Gift Cards, is managed by you (as the "promoter" in the case of a prize draw or similar competition) and is in no way endorsed or supported by Coles Group, Liquorland Direct, Myer Pty Ltd or any of the Participating Stores.
  1.4 These Order Terms and Conditions are in addition to any terms that apply to the use of a Gift Card. The terms and conditions that apply to the use of a Gift Card (“Terms of Use”) are available: 1) online at www.giftcards.com.au or 2) by calling 1300 304 990.
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2. Changes to Order Terms and Conditions
  We reserve the right to change any of the terms contained in these Order Terms and Conditions at any time where the change is required:

a) To add or remove Participating Stores and/or where the Gift Card may be redeemed;
b) To add or remove goods or services which may be purchased with the Gift Card;
c) For infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
d) To comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
e) Where we, acting reasonably, consider that it will not be to your detriment or provide you with notice appropriate to the change having regard to any detriment that may be caused.

Changes to these Order Terms and Conditions will be available online at www.giftcards.com.au or by contacting 1300 304 990.
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3. Information
  When you provide us with any information, such as registration details or order details, you are representing and warranting to Coles Group that all of the information provided is correct and you indemnify Coles Group for any losses, costs, expenses or damages that we may suffer if any of the information is not correct.
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4. Approved Purpose and Materials
  4.1 Subject to clause 4.2 and 4.3, you may use Gift Cards for:

a) Reward and recognition program(s)
b) Loyalty programs
c) Trade and consumer promotions
d) Incentive programs
e) Programs operated as a third party service provider for marketing and program services on behalf of various corporations and businesses in Australia
f) Charity and fundraising programs
g) Prizes and Gifts
  4.2 Gift cards redeemable for alcohol are not permitted to be supplied to persons under 18 years of age.
  4.3 You must provide Coles Group with copies of any promotional material or other communications (including those issued to employees of your business) that you propose to issue in relation to Gift Cards. Such material must be provided to Coles Group at least 7 days prior to publication or issue, and you agree to withdraw or amend any material if we request it within 7 days of receiving the material. We will only make such a request if we reasonably consider that the material is detrimental to the reputation or commercial interests of Coles Group or Myer. All material should be provided to Coles Group with a Marketing Brief Form: refer to clause 17.4.
  4.4 You must include the Gift Card Terms of Use in the main body of the terms & conditions of your program(s) utilising Gift Cards. At a minimum, the approved abbreviated Terms of Use must be displayed. The abbreviated Terms of Use can be obtained from Coles Group & Myer Corporate Services.
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5. On Selling
  Under no circumstances are you permitted to on-sell or re-sell Gift Cards to staff, team members or third parties except as agreed with Coles Group and/or Liquorland Direct in writing.
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6. Company Registration
  6.1 Before an Order can be placed, you must first register your business with Coles Group & Myer Corporate Services. To register, download and complete the Registration form at www.giftcards.com.au/corporate and fax to 1300 721 361. You can also request a Registration form by calling Coles Group & Myer Corporate Services on 1300 725 159.
  6.2 Coles Group and Liquorland Direct reserves the right to decline or terminate a registration:

a) If we consider the registration to be fraudulent;
b) If you refuse or are unable to supply information that is required to service your account and/or fulfil an Order;
c) If your business is already registered; or
d) For any other reason at the absolute discretion of Coles Group.
  6.3 Registration information is stored in a safe and secure environment: refer to Section 15.0 – “Privacy”.
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7. Ordering
  7.1 Placement of an Order by you is an irrevocable offer by you to purchase the Gift Cards you have ordered. Coles Group and/or Liquorland Direct is not obliged to accept your Order and we may accept or reject your Order for any reason, including suspected fraud, unavailability of any product, failure to provide proof of age, an error in the price or the product description or an error in your Order.
  7.2 The contract with Coles Group or Liquorland Direct, as the case may be, for the purchase of Gift Cards described in your Order only becomes binding when we notify you that we have accepted your Order and receipt of your payment has been confirmed.
  7.3 To place an Order, download and complete the Gift Card Order Form and fax to 1300 721 361. You can also request an Order form by calling Coles Group & Myer Corporate Services on 1300 725 159.
  7.4 Order Forms must be complete, legible and lodged with Coles Group & Myer Corporate Services before 4.00pm AEST. Orders received after this time will be deemed received on the next business day.
  7.5 Confirmation of payment by you is required prior to Gift Card Orders being approved for production and release. To avoid doubt, confirmation of payment and approval into production is presumed for Orders purchased by credit card once payment is approved. Where payment is by credit card, the credit card holder's signature is required on the Corporate Services Gift Card Order Form.
  7.6 Corporate Services will issue a Tax Invoice at the time of processing your Order. Invoices will be emailed to your registered contact and are system-generated.
  7.7 An Order Confirmation is issued to you once payment is confirmed and an Order is approved for production. Order Confirmations are emailed to the registered contact and are system-generated.
  7.8 Orders will be processed and delivered within approximately three (3) to five (5) business days from the date of Order Confirmation.
  7.9 Orders are subject to confirmation and acceptance by Coles Group & Myer Corporate Services.
  7.10 All Gift Cards in an Order will be attached to a Gift Card Presentation Folder with the following card information:

a) 17-digit card number
b) Card issue date
c) Card value

In addition, you may customise the Gift Card Presentation Folder with an optional message, which will apply to all gift cards in your Order.
  7.11 Gift Card deliveries include an Issue Confirmation that must be checked by the Delivery Recipient before an Order is activated or distributed to end users.
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8. Price and Payment
  8.1 For each Order, you will be charged the price of the Gift Cards plus any applicable service charges, such as delivery, and any GST applicable to those services. There is no GST applicable to the purchase price of Gift Cards. Refer to Section 11.0 – “Goods and Services Tax”.
  8.2 Orders can be paid for by: Direct Debit, Cheque, MasterCard, Visa, Diners Club and American Express. If you pay by cheque, please allow 3 working days for cheque clearance.
  8.3 Cancelled Orders may attract a fee. Please call Coles Group & Myer Corporate Services on 1300 725 159 to discuss applicable charges and refer to Section 14.0 – “Cancellations”.
  8.4 Payment must be received in full within 30 days of the Order date, failing which the Order may be cancelled under clause 14.5.
  8.5 Orders will not be processed until payment is cleared.
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9. Discount on price
  9.1 Negotiated or applicable discounts

a) Coles Group and Liquorland Direct, in their absolute discretion, may agree to offer a discount on the price payable by you for Gift Cards. The calculation of the discount will be based on your forecasted annual spend on individual Gift Cards.
b) Coles Group and Liquorland Direct reserves the right to withdraw or decrease any discount where there is a decrease in the value and frequency of Orders placed by you.
  9.2 Terms of discount

a) Subject to clause 9.1, an offered discount will be applicable for a term agreed between the parties.
b) The discount will be reviewed 30 days prior to the expiry of the discount under clause 9.2a, and any change will be notified to you by Coles Group.
c) A discount is only valid when official Orders are placed through Coles Group & Myer Corporate Services.
d) Coles Group and Liquorland Direct may also stipulate that a nominated and negotiated method of payment is required for the discount to apply. Such nominated and negotiated methods of payment will be the only method of payment accepted for Orders placed by you.
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10. Refund and exchanges
  10.1 Refunds or exchanges on Orders are not available unless the Gift Cards are proven to be faulty or damaged as a result of the production or delivery process.
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11. Goods and Services Tax (GST)
  11.1 GST will not apply to the sale of a Gift Card.
  11.2 Additional surcharges such as delivery are inclusive of GST.
  11.3 Cancellation charges are inclusive of GST.
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12. Delivery
  12.1 Subject to their availability, Gift Cards will be sent to the Delivery Recipient at the street address nominated on the Gift Card Order Form.
  12.2 All Orders are delivered via courier to a nominated delivery address.
  12.3 In the event that your business does not take delivery of an Order, the Order will be delivered at a time agreed between you and the courier company.
  12.4 An Order must be accepted at the nominated delivery address within 30 days from the date it is dispatched. Refer to Section 14.0 – “Cancellations”.
  12.5 Orders will only be delivered to Australian business and residential street addresses. PO Boxes, Locked Bags and international delivery addresses are not accepted.
  12.6 The Delivery Recipient must check the Issue Confirmation before the order is activated or distributed to end users. If a discrepancy is identified, do not activate the Order or distribute any of the cards, and contact Coles Group & Myer Corporate Services immediately on 1300 725 159. Refer to Section 13.0 – “Order Activation”.
  12.7 If your Gift Cards are damaged, or you believe that they have been tampered with prior to receipt by you, you must contact Coles Group & Myer Corporate Services immediately on 1300 725 159.
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13. Order Activation
  13.1 Orders must be activated within 30 days of receiving your Order: refer to Section 14.0 – “Order Cancellations”.
  13.2 It is the responsibility of you and the nominated Delivery Recipient to ensure that an Order is activated.
  13.3 Orders must be activated using the: 1) Order Number and 2) Bulk Activation Code.
  13.4 You will receive an 'Order Confirmation' containing the Bulk Activation Code. It is your responsibility to provide a nominated Delivery Recipient with the Bulk Activation Code.
  13.5 It is the responsibility of the person who places the Gift Card Order and the Delivery Recipient to keep the Bulk Activation Code confidential. The Bulk Activation Code must not be revealed to any unauthorised person.
  13.6 Please check your Order carefully prior to activation. If you find a discrepancy, do not activate the Order or distribute any of the cards, and contact Coles Group & Myer Corporate Services immediately on 1300 725 159.
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14. Order Cancellations
 

14.1

 An Order can be cancelled:

a) Prior to payment being cleared, at no additional cost, or
b) Subsequently prior to activation of the Order, in which case cancellation charges will apply.
 

14.2

 Part Orders cannot be cancelled.
 

14.3

 Coles Group & Myer Corporate Services reserves the right to decline a cancellation request:

a) If the Order has already been activated;
b) If the request relates to the cancellation of a part Order;
c) If the Order has already been cancelled; or
d) For any other reason at the absolute discretion of Coles Group and/or Liquorland Direct.
 

14.4

After an Order is cancelled, it is the nominated Delivery Recipient's responsibility to return all Gift Cards ordered and the Issue Confirmation to: Coles Group & Myer Gift Card Returns, Door 2, Unit 1/51 Jersey Road, Bayswater VIC 3153

 

14.5

 Coles Group and/or Liquorland Direct reserves the right to cancel an Order if it is:

a) Not paid for in full within 30 days of the Order Date;
b) Not activated within 30 days of receiving your Order;
c) Not accepted at the nominated delivery address within 30 days of the dispatch date; or
d) Deemed by Coles Group or Liquorland Direct to be fraudulent or possibly fraudulent.
 

14.6

 We will refund all money received from you (less any applicable fees and charges) in the form of a cheque or direct debit for all approved cancellations.
 

14.7

 To discuss the cancellation of an Order, contact Coles Group & Myer Corporate Services on 1300 725 159.
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15. Privacy
 

15.1

 We are committed to safeguarding information that is provided to us. When you register with the Coles Group & Myer Corporate Gift Card program, we collect information regarding your individual representative(s) that may be used to process Orders and help us manage your participation in the Coles Group & Myer Corporate Gift Card program. When you place an Order, we collect information that is required to process and fulfil the Order, such as the name of the person placing the Order, Gift Card value, Gift Card type, delivery method, delivery destination and Delivery Recipient.
 

15.2

 Information may be shared with specialist service providers to administer the: 1) production and delivery of Gift Cards, 2) Gift Cards website, 3) Gift Card Customer Response Centre and 4) redemption of Gift Cards.
 

15.3

 An individual representative of your company can request access to the information that we hold relating to that individual. You can also amend this information at any time by completing a Registration form, ticking the “Update Details” box located at the top of the form and faxing it to 1300 721 361.
 

15.4

 If you would like more information about our Gift Card privacy practices, please read our Gift Cards Program Privacy & Security Notice. You can also read the Coles Group Privacy Policy and Myer Privacy Policy, which summarise how Coles Group (including Liquorland Direct) and Myer are committed to complying with the Privacy Act 1988 (Cth) and all other applicable privacy laws.
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16. Title and Risk
 

16.1

 Title to the Gift Card(s) passes to you upon receipt of payment by Coles Group or Liquorland Direct.
 

16.2

 Risk in the Gift Card(s) passes to you once the Gift Card(s) is activated by you or once the product is delivered to the nominated delivery address, whichever is the earlier.
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17. Trade Marks
 

17.1

 Coles Group and Myer have rights in registered and unregistered trade marks, other marks, devices and images, which are protected by law (the “trade marks”). Except as expressly authorised in writing by Coles Group, or by Myer in the case of a trade mark containing the word “Myer”, the use of any of the trade marks is strictly prohibited.
 

17.2

 Without limiting clause 17.1, neither registration of your company nor placement of an Order through Coles Group & Myer Corporate Services authorises you to utilise the trade marks.
 

17.3

 You must obtain written approval (either by e-mail or facsimile) from Coles Group & Myer Corporate Services on each occasion you propose to use any or all of the trade marks in any promotional or marketing material that will be released to consumers, team members, clients or other third parties.
 

17.4

 You must obtain a copy of the Marketing Brief Form from Coles Group & Myer Corporate Services, complete the required information and forward to Coles Group & Myer Corporate Services for review. The marketing brief form can be obtained by calling Coles Group & Myer Corporate Services on 1300 725 159.
 

17.5

 To avoid doubt, submission of a Marketing Brief does not guarantee automatic approval to use the trade marks or references to “Coles Group & Myer”, “Coles Group” or “Myer”.
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18. Disclaimers and Limitation of Liability
 

18.1

 Except to the extent required by law, neither Coles Group or Liquorland Direct nor their affiliates, directors, officers, employees, agents, service providers, other contractors, successors or assigns will be liable for any losses, damages, liabilities, claims or expenses (including legal costs and defence or settlement costs) whatsoever, whether in contract, tort (including negligence), statute or otherwise, arising out of, or in any way related to, the supply of Gift Cards or other services contemplated by these Order Terms and Conditions. This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information.
 

18.2

 Coles Group and Liquorland Direct's liability for a breach of a condition or warranty which is implied by law and cannot be excluded is limited, to the maximum extent possible, to one of the following at Coles Group and Liquorland Direct's option:

a) the supply of the goods or services again;
b) the payment of the cost of having the services supplied again.
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19. Applicable Law
 

19.1

 These Order Terms and Conditions are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute arising from your participation in the Coles Group & Myer Corporate Gift Card program is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
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20. Want to find out more?
For more information, contact Coles Group & Myer Corporate Services on:
Phone: 1300 725 159
Mail: Coles Group & Myer Corporate Services
L4 M4, 800 Toorak Road
Tooronga VIC 3146
Email: corporate.services@coles.com.au
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and Conditionsand Privacy and Security Notice. Thousands of stores. Millions of gifts. is a registered trade mark of Coles Group Limited.