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Gift Card Terms of Use
Changes to the Gift Card Terms of Use
The Gift Card Terms of Use have been amended with effect from 09 June 2009
Please be aware of the change to:
If you have any questions about the changes, please send us an
email
or telephone our Gift Card Customer Response team on 1300 304 990.
Gift Card Terms of Use
These Terms of Use apply to all Gift Cards issued by Coles Group
Limited.
Contents
Definitions
"Access PIN" means the 4-digit Access PIN printed
on the back of the Gift Card;
"Card Number" means the 17-digit number that appears
on the back of your Gift Card;
"Coles Group" means Coles Group Limited ABN 11
004 089 936 of 800 Toorak Road, Tooronga, Victoria 3146;
"Myer" means Myer Pty Ltd ABN 83 004 143 239 of
295 Lonsdale Street, Melbourne, Victoria 3000;
"Gift Card" means the Gift Card that you have purchased
or received, such as one of the following: Coles Group & Myer Gift
Card, Myer Gift Card, Target Gift Card, Kmart Gift Card, Officeworks
Gift Card, Coles Gift Card, BI-LO Gift Card, FlyBuys Gift Card,
Vintage Cellars Gift Card, Liquorland Gift Card, 1st Choice Liquor
Superstore Gift Card, Myer Returns Card, Coles Thank you card and MYER one Gift Card;
"Myer Returns Card" means the card of that name
issued to you as tender in a return transaction.
"Coles Thank you card" means the card of that name issued as part of a Coles loyalty programme.
"Remaining Card Value" means, at any time, that
portion of the initial value loaded onto your Gift Card which is
unspent and can be accessed by using the Gift Card in accordance
with these Terms of Use;
A reference to "we" or "us" is
a reference to Coles Group Limited;
A reference to "you" or "your"
is a reference to the person who is in possession of the Gift Card
at the relevant time for the purposes of these Terms of Use, or
who authorises another person to do something with or to the Gift
Card on their behalf.
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1. Introduction
This document contains the full set of terms of use governing
your use of the Gift Card.
We recommend that you read this document carefully before using
the Gift Card. If you have any questions or would like more information
about your Gift Card, please call 1300 304 990, visit the website
www.giftcards.com.au or
see in-store.
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2. Accepting the Gift Card and agreeing to these Terms of Use
By purchasing, redeeming or attempting to redeem a Gift Card,
you:
- accept and agree to be bound by these Terms of Use; and
- acknowledge that you have read and understood our
Privacy and
Security Notice (available by calling 1300 725 159 or from
www.giftcards.com.au/privacy.asp).
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3. Gift Card Inclusions & Exclusions
3.1 Inclusions
Coles Group & Myer Gift Card
redeemable at Myer, Target, Baby Target, Target Country, Kmart, Kmart Tyre & Auto (all outlets from 1 December 2007),
Coles supermarkets, Coles Central, BI-LO, Pick’n’Pay Hypermarkets,
Liquorland, Vintage Cellars, 1st Choice Liquor Superstore and Officeworks.
BI-LO Gift Card redeemable at BI-LO supermarkets,
Coles supermarkets, Coles Central and Pick ‘n’ Pay Hypermarkets.
Coles Gift Card redeemable at BI-LO supermarkets, Coles supermarkets,
Coles Central and Pick’n’Pay Hypermarkets.
Coles Express Gift Card redeemable at Coles Express service stations.
FlyBuys Gift Card redeemable at BI-Lo supermarkets,
Coles supermarkets, Coles Central, Pick ‘n’ Pay Hypermarkets, Kmart,
Target, Baby Target, Target Country, Officeworks, Liquorland.
1st Choice Liquor Superstore redeemable at 1st
Choice Liquor Superstore, Liquorland and Vintage Cellars
Kmart Gift Card redeemable at Kmart stores and Kmart
Tyre & Auto (all outlets from 1 December 2007).
Liquorland Gift Card redeemable at Liquorland
stores.
Myer Gift Card redeemable at Myer stores.
MYER one Gift Card redeemable at Myer stores.
Myer Returns Card redeemable at Myer stores.
Coles Thank you card redeemable at BI-Lo supermarkets, Coles supermarkets, Coles Central and Pick’n’Pay Hypermarkets.
Officeworks Gift Card redeemable at Officeworks
retail stores.
Target Gift Card redeemable at Target, Target
Country, and Baby Target stores.
Vintage Cellars Gift Card redeemable at Vintage
Cellars stores.
3.2 Exclusions
- General exclusions (all Gift Cards)
- 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)
- Harris Technology
- Kmart New Zealand and Kphoto
- Purchases initiated by phone, email, post or fax
- Bill payments, including Service ATM, DEFT, credit card
accounts, store accounts and Rentsmart
- Hotels owned by Coles Group companies
- Self-checkouts
- Sub-lets and licensees, including PixiFoto, dry cleaning
services, Gloria Jean’s Coffees, Hudsons Coffee, Cavallo
Nero, Portrait Place, Santa’s Photo Factory, Miele,
Nespresso, Laubman
& Pank, City
Lotto and Zumay Salon.
- Card-specific exclusions
- 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.
- Coles Gift Card:
Coles Gift Card is not accepted at Coles Express.
- Coles Express Gift Card:
Coles Express Gift Card is not accepted at Coles supermarkets or Coles Central.
- Coles Group & Myer Gift Card:
Coles Group & Myer Gift Card is not accepted at Coles Express.
- 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.
- FlyBuys Gift Card:
FlyBuys Gift Card is not accepted at Myer, Vintage Cellars, 1st Choice Liquor Superstore.
- Coles Thank you card:
Coles Thank you card is not accepted at Coles Express.
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4. Transactions made with the Gift Card
4.1 How and where you can use the Gift Card
Your Gift Card may only be used at retailers who accept the Gift
Card. The identity of the retailers who have agreed to accept the
Gift Card may change from time to time.
Each participating retailer will accept the Gift Card in accordance
with these Terms of Use and any applicable law. You acknowledge
that the Gift Card may not be used:
- to pay a store or credit account (e.g. a Coles Group Card
or a Coles Group Source MasterCard account);
- to purchase goods or services that a retailer is not permitted
to supply to you (for example, a retailer cannot by law sell
alcohol to you if you are under 18 years of age);
- to make purchases from certain sub-lets or licensees operating
within a retailer’s premises. A current list of these sub-lets
and licensees is available by visiting
www.giftcards.com.au
or calling 1300 304 990; and
- for purchases over the Internet or by email, phone or fax.
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).
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:
- 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
- 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:
- you are confirming that the transaction correctly represents
the purchase price of the goods or services obtained; and
- you are agreeing to pay the amount of that transaction by
the reduction of the Remaining Card Value.
4.4. 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.
4.5. No cash advances
You cannot obtain any cash advance with your Gift Card or redeem
your Gift Card for cash.
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.
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.
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 Coles Thank you card, see in-store at the service desk, call 1300 304 990 or visit www.giftcards.com.au.
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.
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.
4.11. Lost or stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen cards will not
be replaced or refunded.
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.
4.13. 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.
4.14. 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.
4.15. Can I cancel my Gift Card?
No, you cannot cancel your Gift Card.
4.16 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
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
We reserve the right to change any of the terms contained in
these Terms of Use at any time where the change is required:
- To add or remove participating retailers and/or where the
Gift Card may be redeemed;
- To add or remove goods or services which may be purchased
with the Gift Card;
- For infrastructural, systems, administrative or operational
reasons or to prevent the occurrence of fraud or other unlawful
or unacceptable conduct;
- To comply with any contract, law, regulation or statute
or order or judgment of any court, tribunal or other body having
competent jurisdiction; or
- 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
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. Errors and complaints
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.
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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9. Force majeure
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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10. Applicable law
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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