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Gift Card Terms and Conditions of Use |
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These Gift Card Order Terms & Conditions ("Order Terms & Conditions") apply to Gift Cards issued by Coles Group Limited through Coles Group & Myer Corporate Services. |
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What are the Gift Card Order Terms and Conditions? |
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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.
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Important Notice to all Clients of Coles Group & Myer Corporate Service |
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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. |
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Document Definitions |
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"Coles Group", "we" or "us" means Coles Group Limited ABN 11 004 089 936 of 800 Toorak Road, Tooronga, Victoria 3146;
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"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;
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"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;
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"Coles Group & Myer Corporate Gift Card program" is a Gift Card buying service provided by Coles Group, Myer Pty Ltd and their supplier partners;
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"Coles Group", "we" or "us" means Coles Group Limited ABN 11 004 089 936 of 800 Toorak Road, Tooronga, Victoria 3146;
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"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;
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"Delivery Recipient" is the individual to whom the Order is to be delivered, as nominated by you in the Order;
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"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;
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"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;
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"Gift Card Order Form" means the online ordering platform, located at corporate.giftcards.com.au, which you must complete to place an Order;
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"Issue Confirmation" is a summary of the Gift Cards dispatched to you;
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"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)).
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"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;
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"Order Confirmation" is confirmation of the details of an Order and is issued to you after payment is cleared;
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"Order Number" is a unique number used to identify a specific Order;
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"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
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"Tax Invoice" summarises an Order including all costs and applicable GST charges.
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- 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 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 corporate.giftcards.com.au or 2) by calling 1300 304 990.
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2. Changes to Order Terms and Conditions |
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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 corporate.giftcards.com.au or by contacting 1300 304 990.
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3.1 |
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.
- 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 corporate.giftcards.com.au or by contacting 1300 304 990.
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3.2
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Exclusions:
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General exclusions (all Gift Cards) |
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All online purchases (including Coles Online, Liquorland Direct, Kmart or Target
“Shop From Home” services, Pharmacy Direct, Myer Hampers and gifts online and
Officeworks BusinessDirect)
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Harris Technology |
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Kmart New Zealand and Kphoto |
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Purchases initiated by phone, email, post or fax |
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Bill payments, including Service ATM, DEFT, credit card accounts, store accounts
and Rentsmart |
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Hotels owned by Coles Group companies |
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Self-checkouts |
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Sub-lets and licensees, including Asko, Cavallo Nero, Crumpler, Gloria Jean’s Coffees, Hudsons Coffee, Laubman & Pank, Miele, Nespresso, PixiFoto, Portrait Place, Santa’s Photo Factory and Zumay Salon.
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Particular goods or services which participating retailers may nominate, at their
self discretion, from time to time |
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Card-specific exclusions |
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BI-LO Gift Card:
BI-LO Gift Card is not accepted at BI-LO stores in Western Australia or at BI-LO
Mooroopna Discount Petrol.
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Coles Gift Card:
Coles Gift Card is not accepted at Coles Express.
Coles Gift Card issued to not for profit agencies (eg: government departments, charities) is not accepted at Coles Express and may not be used for the purchase of alcohol, tobacco products or phone cards. |
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Coles Express Gift Card:
Coles Express Gift Card is not accepted at Coles supermarkets or Coles Central.
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Coles Group & Myer Gift Card:
Coles Group & Myer Gift Card is not accepted at Coles Express. |
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1st Choice Liquor Superstore Gift Card, Liquorland Gift Card, Vintage Cellars
Gift Card:
These Gift Cards are not accepted for purchases of liquor from Coles supermarkets. |
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FlyBuys Gift Card:
FlyBuys Gift Card is not accepted at Myer, Officeworks, Vintage Cellars, 1st Choice Liquor Superstore.
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Coles Thank you card:
Coles Thank you card is not accepted at Coles Express.
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Top of Page |
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4. Transactions made using the Gift Card |
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4.2 |
How to load the Gift Card at stores (for Gift Cards purchased in-store^):
Present the card to the point of sale operator. Check that the card has not been
removed from the cardboard carrier and the scratch panel on the back of the card
has not been tampered with or removed. If it has been tampered with or removed,
give the card to the operator to be destroyed and select a new one. Nominate the
value you wish to be loaded on the card. A minimum of $5.00 and a maximum of $500.00
can be loaded on each card. Pay for your Gift Card with the tender of your choice
(other than a Gift Card). The transaction will be completed when the card is activated
through our point of sale system.
Gift Cards cannot be reloaded.
Note: there may be a delay with the Gift Card activating in the system once loaded.
During this delay, the Gift Card cannot be used for purchases or transaction enquiries.
^ Gift Cards that are purchased directly from Coles Group & Myer Corporate
Services are pre-loaded and activated in bulk in accordance with our Gift Card Ordering
Terms (see www.giftcards.com.au/corporate).
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4.3 |
Purchases with your Gift Card:
Select goods in your participating store with a Gift Card and take them to the point
of sale operator. The operator will instruct you to swipe your card in the pin pad,
and then enter the Access PIN into the pin pad. The transaction will be completed
when the balance has reduced on your Gift Card. No change will be given: any remaining
balance on the card can only be used in whole or part against future purchases
You agree that we can reduce the Remaining Card Value by the value of all purchases
of goods and services that are authorised by you. Transactions are authorised by
you by:
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swiping your Gift Card and entering your Access PIN, or allowing an operator or
other person to do so, at an electronic point of sale terminal at a participating
retailer; or |
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giving a participating retailer details of the Gift Card and authorising the transaction
in some other way approved by that retailer. |
When you authorise a transaction:
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you are confirming that the transaction correctly represents the purchase price
of the goods or services obtained; and |
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you are agreeing to pay the amount of that transaction by the reduction of the Remaining
Card Value. |
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Purchases exceeding the Gift Card value:
Your Gift Card may only be used to make purchases up to the Remaining Card Value.
If you wish to make a purchase for an amount that exceeds the Remaining Card Value,
you must pay the excess using another payment method. |
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4.5 |
No cash advances:
You cannot obtain any cash advance with your Gift Card or redeem your Gift Card
for cash. |
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4.6 |
Validity and expiry of Gift Cards:
Your Gift Card will be valid for use for two years from the date of issue (or as
otherwise extended by us), unless it is a Myer Returns Card, in which case clause
4.7 applies – see below. Any balance that remains on a Gift Card will not
be available for use after the card's expiry date.
To check the expiry date of your Gift Card, see in-store at the service desk, call
1300 304 990 or visit www.giftcards.com.au.
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4.7 |
Validity and expiry of the Myer Returns Card:
Your Myer Returns Card will be valid for use for 1 year from the date of issue (or
as otherwise extended by us). Any balance that remains on a Myer Returns Card will
not be available for use after the card's expiry date.
To check the expiry date of your Myer Returns Card, see in-store at the service
desk, call 1300 304 990 or visit
www.giftcards.com.au
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4.8 |
Validity and expiry of the Coles Thank you card
Your Coles Thank you card will be valid for use for 3 months from the date of issue (or as otherwise extended by us). Any balance on a Coles Thank you card which is not redeemed within the three months may not be redeemed after the card's expiry date.
To check the expiry date of your Myer Returns Card, see in-store at the service
desk, call 1300 304 990 or visit
www.giftcards.com.au |
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4.9 |
Re-issue of faulty or damaged Gift Cards:
Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards
are proven to be faulty or damaged as a result of the production process or otherwise
due to the fault of Coles Group, its agents or contractors or a participating retailer. |
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4.10 |
Destruction of Gift Card with no value:
Once the Remaining Card Value is completely used, destroy your card by cutting it
in half diagonally. Your Gift Card cannot be reloaded. |
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4.11 |
Lost or stolen Gift Cards:
Treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded. |
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4.12 |
Checking your Gift Card balance and transaction history:
You can check your card balance, expiry date and transaction history at any time
in-store at the service desk, or by calling 1300 304 990 or visiting http://www.giftcards.com.au/. For balance enquiries by phone
or online, you will be required to enter both the Card Number and Access PIN on
your Gift Card prior to getting access to the card information. |
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Can I collect FlyBuys points when I purchase or use a Gift Card?
When you purchase a Gift Card, you will not collect FlyBuys points. However, FlyBuys
points (and any applicable bonus points) can be collected on redemption of your
Gift Card at
participating retailers.
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Can I exchange my Gift Card?
You cannot exchange your Gift Card for a different brand, denomination or type of
Gift Card or for another tender, cash or discount. This includes Myer Returns Card.
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Can I cancel my Gift Card?
No, you cannot cancel your Gift Card.
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4.16
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Exchanging items purchased with a Gift Card
Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to the exchange and returns policy of each participating retailer.
Some participating retailers ' exchange and returns policy may include the right to issue a Returns Card such as the Myer Returns' card instead of other tender, cash, Gift Cards or discount.
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5. Your Gift Card, your responsibility |
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You are responsible for the use and safety of your Gift Card. You are liable for
all transactions on your Gift Card, except to the extent to which there has been
fraud or negligence by us or by any of our employees. |
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6. Changes to Terms of Use
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We reserve the right to change any of the terms contained in these Terms of Use
at any time where the change is required:
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To add or remove participating retailers and/or where the Gift Card may be redeemed; |
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To add or remove goods or services which may be purchased with the Gift Card; |
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For infrastructural, systems, administrative or operational reasons or to prevent
the occurrence of fraud or other unlawful or unacceptable conduct; |
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To comply with any contract, law, regulation or statute or order or judgment of
any court, tribunal or other body having competent jurisdiction; or |
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Where we, acting reasonably, consider that it will not be to your detriment. |
Changes to these Terms of Use will be available at http://www.giftcards.com.au/ or by contacting 1300 304 990.
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7. Privacy and confidentiality
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Our Privacy and Security Notice explains how
we handle the personal information that we may collect from you with respect to
Gift Cards.
If you do not have a copy and are unable to access the notice online (at www.giftcards.com.au), please call 1300 304 990 for a copy.
A copy of the Coles Group Privacy Policy is available at www.colesgroup.com.au
A copy of the Myer Pty Ltd Privacy Policy is available at
www.myer.com.au
It is important that you carefully read and understand the Privacy and Security
Notice and each applicable Privacy Policy.
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8.1 |
Gift Cards:
If you have reason to believe that an error has occurred in relation to your Gift
Card, you should call 1300 304 990. |
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8.2 |
Goods or services:
Any complaints about goods or services purchased with a Gift Card must be resolved
directly with the store concerned. |
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To the extent permitted by law, we will not be liable to you for any loss or damage
(whether direct or consequential), nor be in default under these Terms of Use, for
failure to observe or perform any of our obligations under these Terms of Use for
any reason or cause which could not, with reasonable diligence, be controlled or
prevented. These causes include acts of God, acts of nature, acts or omissions of
government or their agencies, strikes or other industrial action, fire, flood, storm,
riots, power shortages or failures, sudden and unexpected system failure or disruption
by war or sabotage, and other acts or omissions of third parties.
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These Terms of Use are to be construed and enforced in accordance with the laws
of Victoria, Australia. Any dispute arising from your receipt or use of a Gift Card
is exclusively subject to the jurisdiction of the courts of Victoria, Australia
(including the Federal Court of Australia, Victoria Registry). |
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11. Want to find out more? |
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For more information, contact Coles Group & Myer Corporate Services on: |
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