Terms and Conditions of Sale

Last updated 23 Aug 2023
1. 1. www.giftz.com.au (the “Website”) is owned and operated by Blackhawk Network (Australia) Pty Ltd (ABN 84 123 251 703) of Suite 21, Level 21, 101 Miller Street, North Sydney, NSW 2060 (“we”, “us” and “our”).
2. 2. By purchasing any goods or services from this Website (including any Gift Card) you agree to be bound by these terms and conditions of sale (“Terms”).
3. 3. The Terms are in addition to the terms and conditions of use for each Gift Card (“Gift Card Terms”), which are available on the Website.
4. 4. Any information submitted by you through a Website may be provided to our related entities and to third parties that provide services in relation to the Gift Cards or the Website. The Website is only available to users within Australia.
5. 5. We may add to, delete part of, change, suspend or discontinue the Website, including the availability of any features or functionality of the Website, at any time without notice or liability.

1. Gift Cards
1. 1.1. Each gift card is a virtual branded stored value card or other electronic or digital debit payment mechanism, number, code or device ( “Gift Card”) and issued by our gift card issuers (“Gift Card Retailers”) for use as payment (up to the value stored on the Gift Card and prior to the expiry date of the Gift Card) at participating stores and websites which accept payment using the Gift Card (“Participating Stores”). The Gift Cards available on the Website may change from time to time, at any time without notice or liability.
2. 1.2. Each Gift Card may only be used in accordance with the Gift Card Terms which are available on the Website. Gift Card Terms are set by the relevant Gift Card Retailer and may include provisions governing, among other things, the period of validity, Participating Stores for each Gift Card (including whether a Gift Card may be used online or in-store (or both)) and restrictions on the use of the Gift Card. You should consider the relevant Gift Card Terms carefully when deciding whether to purchase or continue to hold a Gift Card.
4. 1.3. Each Gift Card delivered includes a unique card number and/or claim code, the Gift Card value nominated during the order process (“Gift Card Amount”), the expiry date of the Gift
5. Card and may include a unique pin number (together, the “Card Information”). The Card
6. Information is provided to us by the Gift Card Retailer.
8. 1.4. Some Gift Cards may be used both online (at the Participating Store’s online store) and in-store, some Gift Cards may only be used online and others may only be used in-store. The available options for each Gift Card will be available in the applicable Gift Card Terms so you should carefully consider this in deciding whether to purchase a Gift Card.

2.Ordering and payment
1. 2.1. To purchase a Gift Card you must complete the online ordering process, which requires you to:
  - (a) select the type of Gift Card and Gift Card Amount (or a combination of Gift Card types) and the quantity of Gift Cards you wish to order;
  - (b) either check out as a guest or register for an online account by providing your name, email address, contact details and then creating a password. These Details can be changed at anytime by using the “Account Settings” function. You only need to register once for the online facility. For subsequent online purchases you only need to enter your registered email address and password; and
  - (c) provide the name and email address of the person to whom the Gift Card is/are to be sent (which may be yourself or another person) (the “Recipient”). Delivery is only to the email address(s) provided for the Gift Card(s) purchased in the order. It is your responsibility to ensure that any email address nominated by you is complete and correct. We take no responsibility for and will not replace or refund lost, misdirected, stolen or deleted Gift Cards arising from information supplied by you.
2. 2.2. You must pay the order total price as indicated in the online order form using a permitted payment method . Orders will not be processed until payment has been successfully processed (including any payment verification) and we have your full contact details. From time to time, we may have promotions involving discounts or special offers. If you wish to take advantage of such promotions, you will need to follow the relevant promotional mechanics as part of the online ordering process. Only one promotional code can be used per order.
3. 2.3. The contract with us for the purchase of a Gift Card(s) only becomes binding when we provide you with an online tax invoice at the last stage of the online ordering process which (a) notifies you that we have processed your order, and (b) provides you with an order reference number (that must be provided when making any enquires in relation to the order). We are not obliged to accept your order and may accept or reject your order, or cancel and de- activate your Gift Card(s), if our systems identify your registration as potentially fraudulent, if the product is unavailable, if payment is not received, or if we determine (acting reasonably) that the Gift Card(s) ordered will be used in breach of the relevant Gift Card Terms or any applicable laws or if there is an error in your order which is caused by you.
4. 2.4. For all referring companies, individuals, websites and apps that offer programs such as credits/cashback/coupons and any other discounts on Gift Cards, the following Gift Card products are excluded from the such programs: Netflix, Shell, Category Choice range, Officeworks, Giftz, All Activ Visa variations, Spending Money Mastercard, Pocket Money Mastercard, 7-Eleven, Appliances Online, Bunnings, Big W, BWS, EG Fuel Card, Dan Murphy's, Woolworths Supermarket, Everyday WISH, Webjet, H&M, Harvey Norman, Flight Centre, and Total Tools. This list is subject to change from time to time without notice.

3.Payment verification
1. 3.1. Online orders paid using a credit card are submitted to the relevant financial institution for security verification. We are not responsible for any delay in the verification of your transactions nor any costs associated with a returned transaction.

4.Delivery
1. 4.1. Upon acceptance of your order and confirmation of receipt of your payment, we will activate the Gift Card(s) and send the Gift Card(s) loaded with the Gift Card Amount(s) to the Recipient at the email address(s) nominated by you in the ordering process. The date of activation will be set out with the Gift Card(s).
2. 4.2. You acknowledge and agree that the availability of services, including the delivery of any Gift Card is dependent upon your internet service provider and carrier. You acknowledge that the services may differ depending on the carrier with whom you and/or your recipient maintain an account and that carrier’s ability to support the services. We take no responsibility for the act or omission of any carrier, any limitations imposed by such carrier, or such carrier’s ability or inability to support the services and will not replace or refund the value of one or more Gift Cards(s) that are lost, misdirected, stolen or deleted Gift Card(s) as a result of the operation of, or an act or omission of, your internet service provider or carrier.
3. 4.3. Gift Card(s) will be emailed to the Recipient with essential instructions for redemption, required redemption details (including the relevant expiry date of the Gift Card(s)), embedded link to the Participating Store website for redemption (if the Participating Store offers online redemption), and drawing attention to the applicable Gift Card Terms. Order cancellations / refunds / stopped Gift Card(s)

5.Personal Information
1. 5.1. We collect personal information so that we can send the Gift Card to the Recipient on your behalf. We collect and deal with personal information in accordance with the Privacy Policy appearing on the Website.
2. 5.2. Protection of information
3. 5.3. When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.
4. 5.4. This website has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.

6.Linked websites
1. 6.1. This Website may contain third party advertisements and links to other websites operated by third parties, including Participating Stores’ websites (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements, and you should consider the terms and conditions of linked websites prior to your use of them.

7.Warranty and Indemnity
1. 7.1. By using the Website and making an order for a Gift Card(s) on the Website, you represent and warrant that:
  - (a) you will not use the Website for any illegal purpose or in a manner that is inconsistent with the Terms;
  - (b) you will not interrupt or attempt to interrupt the operation of the Website in any way;
  - (c) you are properly authorised to use the payment method that is being used to make a purchase; and
  - (d) all of the information you provide to us is accurate and complete.
2. 7.2. You will, to the maximum extent permitted by the law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:
  - (a) any representation or warranty provided by you being untrue;
  - (b) your use of the Website including any information you provide being incorrect;
  - (d) your use of a Gift Card purchased from us in breach of these Terms or the Gift Card Terms; and
  - (c) your material breach of these Terms,
  - except that your liability under this indemnity will be reduced to the extent we or the Gift Card Retailer caused or contributed to the relevant liability.

8.Disclaimer
1. 8.1. Your use of the Website is at your sole risk. To the extent permitted by law, we exclude all express or implied conditions or warranties of any kind, including any warranty that the material on a Website will be reliable, accurate or complete, or that your access to a Website will be uninterrupted, timely or secure. Specifically, we do not accept responsibility for:
  - (a) any use of this website which is illegal or prohibited by laws which apply to you;
  - (b) any interference or damage to your own computer which arises in connection with your use of this website;
  - (c) losses you may sustain due to unauthorised access to or alteration of your transmissions or data or of information contained on your computer or on this website; or
  - (d) malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
2. 8.2. Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, we exclude, and you agree that we have not made any warranty regarding the Gift Cards, their characteristics or fitness for any particular purpose.
3. 8.3. Other than in respect of our liability for breach of the warranties and guarantees that cannot be excluded under the Australian Consumer Law as set out above, we are not liable to you or to any other person for any loss or damage (including any other form of indirect or consequential loss) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with:
  - (a) a Gift Card once you have purchased the Gift Card from us;
  - (b) your use of this Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website.
4. 8.4. These exclusions only apply to the extent permitted by law. Our liability to you in contract, tort (including negligence), under statute or otherwise, will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause will apply even after this agreement has ended.
5. 8.5. Where legislation implies any condition or warranty that cannot be excluded in these Website terms conditions, to the extent permitted by law we limit our liability for breach of any such implied conditions or warranties to the replacement or repair of the goods (or costs thereof) or re-supply of the services (or costs thereof).

9.Intellectual property
1. 9.1. Copyright in this website (including text, graphics, images, logos, icons, sound recordings and software) is owned or licenced by various Gift Card Retailers or us as operator of the Website. The various Gift Card Retailers trade marks and logos are owned by such various Gift Card Retailers and used by us under licence. Subject to the conditions prescribed under the Copyright Act 1968 (Cth), you may not in any form or by any means:
  - (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  - (b) commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this website, without our prior written permission.
2. 9.2. You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.

10.Questions, complaints and errors
1. 10.1. If you have questions or if you wish to make a complaint about the Gift Card(s) ordered online, please contact us on 1800 958 296 or by using the “Contact Us” section of the Website.
2. 10.2. At our absolute discretion, we may change our policies and procedures in respect of errors and complaints. If we decide to do this, we will publish details on the Website.

11.General
1. 11.1. All monetary amounts on the Website are quoted in Australian Dollars.
2. 11.2. These Terms are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
3. 11.3. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.