Ultimate Gift Cards Terms and Conditions
Last updated: 8 November 2023
These conditions apply to use of the following cards: The Ultimate gift for™ Kids, The Ultimate gift for™ Teens, The Ultimate gift for™ Him, The Ultimate gift for™ Her, The Ultimate gift for™ Home, The Ultimate gift for™ Students, The Ultimate gift for™ Active and Wellness/Active, The Ultimate gift for™ Shopping/Style, The Ultimate gift for™ Eats, The Ultimate gift for™ Baby and Mum, The Ultimate gift for™ Thanks, The Ultimate gift for™ Everyone, The Ultimate gift for™ Beauty and Spa, The Ultimate gift for™ Gaming and Bites, The Ultimate Gift for™ a Happy Birthday, The Ultimate Gift for™ Celebrate, The Ultimate Gift for™ Just For You, and The Ultimate Gift to say Thank You (each a “Card”). The Card is issued by Blackhawk Network (Australia) Pty Ltd ABN 84 123 251 703. If you gift the Card to another person, you must tell them that they will be bound by these terms and conditions (‘Terms and Conditions’). New South Wales, Australia law applies to these Terms and Conditions. By using your Card you unconditionally agree to these Terms and Conditions and submit to the jurisdiction of the courts of NSW.
- The Card can only be used for purchases of goods and services, at participating merchants in Australia (which excludes cash and cash equivalent transactions at ATMs over the counter at Financial Institutions and merchants and merchant groups who elect not to accept prepaid gift cards). You acknowledge and agree that participating merchants may change from time to time for reasons beyond our control or where required by law. For a full and updated list of participating merchants please visit our website www.ultimategiftcards.com.au.
- Your use of the Card at a participating merchant is subject at all times to the policies (and, where applicable, other terms and conditions) of that participating merchant regarding the goods and services made available by it.
- Cards cannot be used towards the purchase of any other gift cards or vouchers at participating merchants.
- Subject to the available functionality of the participating merchant, the Card may be used in-store, online, through a mobile wallet, or to exchange for an eGift of a participating merchant. For further information please visit https://www.ultimategiftcards.com.au/how-to-use-my-card/.
- Each time you use the Card, you authorise us to deduct the amount of the transaction from the balance of funds on the Card. The available balance cannot be exceeded. Where a purchase exceeds the available balance, the excess must be paid using another payment method. The Card cannot be used for direct debit, recurring or instalment payments. Transactions made using the Card may be declined by some merchants. We are not liable in any way when a transaction is declined or a transaction otherwise does not proceed, due to the actions of a third party.
- You are responsible for checking your transaction history and available balance free of charge as set out at ultimategiftcards.com.au or by calling 1800 862 126.
- The Card is not reloadable and is valid for a minimum of three years and for the period described on the Card and/or carrier. Any remaining available balance will be forfeited upon the expiry of the Card. The Card is inactive until purchased and loaded with funds by the cashier or following successful payment online. Upon purchase of the Card for a predefined fee, you agree to activate and load the Card with the nominated amount on the front of the carrier.
- Transactions cannot be conducted overseas using the Card.
DISPUTES, PROBLEMS & TROUBLESHOOTING
- For disputed transactions, you should notify Cardholder Services immediately on 1800 862 126 or at www.ultimategiftcards.com.au.
- We will handle all complaints according to our internal dispute resolution procedure. Our dispute resolution procedure requires that we seek to resolve your complaint within 21 days, although it is not always possible to do so.
- The Card is like cash and cannot be replaced if misused, lost, stolen, or damaged. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify Cardholder Services immediately on 1800 862 126 or at www.ultimategiftcards.com.au.
- Our goods and/or services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- For security reasons or where required by law, including where our systems suspect fraud or other illegal activity, we may restrict the number of transactions or amount of transactions you can make with the Card, prevent a transaction, revoke or stop the use of the Card. You cannot stop payment on any transaction made with the Card.
- Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked in accordance with these Terms and Conditions before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.
- For the avoidance of doubt, our goods and services comprise the stored value of the Card. We have no liability to you for goods and services that you purchase using the Card. Claims relating to the goods and services you purchase using the Card must be directed towards the relevant participating merchant where the transaction was made.
- If you use the Card without presenting it (such as for mail order, telephone or internet purchases), the legal effect will be the same as if you physically presented the Card.
CHANGES TO THESE TERMS AND CONDITIONS
- Subject to clause 19, we reserve the right to change these Terms and Conditions at any time, provided that the changes do not materially reduce or limit your rights under these Terms and Conditions.
- We may change these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions only if we are required to do so by law, where such changes are imposed on us by a third party or where the change is required to protect our legitimate commercial interests.
- You will not receive advance personal notice of changes to the Terms and Conditions. Changes will be notified via www.ultimategiftcards.com.au and will be effective from the date of publication. If we make changes to these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions, we will endeavour to give you 30 days’ notice by publishing the revised Terms and Conditions at www.ultimategiftcards.com.au. The current version of the Terms and Conditions can be viewed at www.ultimategiftcards.com.au.
SEVERABILITY & GOVERNING LAW
- If any provision or part of a provision of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the remaining provisions (or parts of provisions) will continue in full force and effect.
- The laws of the state of New South Wales apply to this agreement. By entering into this agreement you unconditionally submit to the jurisdiction of the courts of New South Wales.