Ultimate Gift Cards
- ultimategiftcards.com.au and myprepaidcentre.com.au (the “Website”) are owned and operated by Blackhawk Network (Australia) Pty Ltd (ABN 84 123 251 703) of Suite 17.02, Level 17, 101 Miller Street, North Sydney, NSW 2060 (“we”, “us” and “our”).
- 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 and Conditions”).
- The Terms and Conditions are in addition to any terms and conditions of use for each Gift Card (“Gift Card Terms”), which are available on the Website.
- The Website is only available to users within Australia.
- 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 if we consider it reasonably necessary to protect our legitimate commercial interests.
- If you do not accept these Terms and Conditions, you must not use this Website and you must not make any purchase at the Website.
- 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 us 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 Retailers”). The Gift Cards available and Participating Retailers on the Website and Gift Cards may change from time to time, at any time without notice or liability, if we consider it reasonably necessary to protect our legitimate commercial interests.
- Each Gift Card may only be used in accordance with the Gift Card Terms. Gift Card Terms are set by us and include provisions governing, among other things, the period of validity, Participating Retailers 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.
- 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 Card and may include a unique pin number (together, the “Card Information”).
- Gift Cards may be used both online (at the Participating Retailer’s online store) and in-store, however 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 the relevant Gift Card Terms when deciding whether to purchase a Gift Card.
Ordering and payment
- 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:
- register for an online account by providing your name, email address and 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; or
- Checkout as a guest by providing your email address and contact details.
- (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.
- You must pay the order total price as indicated in the online order form using a credit card (Visa or MasterCard) issued by an Australian financial institution, or through PayPal. 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 and you agree to be bound by any terms and conditions specifically related to a promotion. Only one promotional code can be used per order.
- 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 which you can do by completing the form provided at the ‘Contact Us’ section on the Website).
- You acknowledge and agree that 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 we or our systems suspect your registration is deemed fraudulent or illegal, if the product is unavailable, payment is not received, it is suspected that the Gift Card(s) ordered will be used in breach of the relevant terms and conditions or if there is an error in your order.
- 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 unless such delay in the verification of your transaction or any costs associated with a returned transaction are caused by us.
- Upon acceptance of your order and confirmation of receipt of your payment, we will 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).
- You acknowledge and agree that the availability of services, including the delivery of any Gift Card is dependent upon your internet service provider. You acknowledge that the services may differ depending on the internet service provider with whom you and/or the Recipient maintain an account and that internet service provider’s ability to support the services. We take no responsibility for the acts or omissions of any internet service provider, any limitations imposed by such internet service provider, or such internet service provider’s ability or inability to support the services and we will not replace or refund value for lost, misdirected, stolen or deleted Gift Card(s) where such loss is caused by an act or omission of your internet service provider except as required by law or unless such loss is the result of our act or omission in breach of these Terms and Conditions.
- Gift Card(s) will be emailed to the Recipient with essential instructions for activation, required redemption details (including the relevant expiry date and/or issuance date of the Gift Card(s)), and drawing attention to the applicable Gift Card Terms.
Order cancellations / refunds / stopped Gift Card(s)
- 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.
- You acknowledge and agree that subject to your rights at clause 20, once an order is placed and order confirmation issued, you may not return or seek refund of Gift Cards purchased.
- We reserve the right to cancel an order and/or to place a stop on the Gift Card(s) if:
- (a) Your order is not accepted at the nominated delivery address; or
- (b) We believe (or reasonably suspect) that your order is fraudulent or you have otherwise breached these Terms and Conditions; or
- (c) We believe (or reasonably suspect) that the Gift Card(s) will be used for a fraudulent or unlawful purpose; or
- (d) We believe that the Gift Card(s) will be used in breach of the relevant Gift Card Terms; or
- (e) You report that the Gift Card(s) have not been delivered, have been stolen or deleted.
- If we cancel an order or place a stop on any Gift Card(s), we will notify you as soon as possible and if required by law, will refund amounts paid by you in respect of that Gift Card(s).
Protection of information
- 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.
- This Website may contain third party advertisements and links to other websites operated by third parties, including Participating Retailers’ 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.
Warranty and Indemnity
- 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 and Conditions;
- (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 credit card that is being used to make a purchase; and
- (d) all of the information you provide to us is accurate and complete.
- 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 negligent or fraudulent use of a Gift Card purchased from us; and
- (c) your breach of these Terms and Conditions,
except that the indemnity will not apply to the extent we have caused or contributed the relevant loss or damage.
- Except as otherwise set out in these Terms and Conditions, your use of the Website is at your sole risk. Except for the warranties and guarantees that cannot be excluded under the Australian Consumer Law and 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 the 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.
- You have certain rights under Australian Consumer Law which cannot be excluded and are not affected by these terms and conditions. Except for 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.
- To the extent permitted by law and subject at all times to your rights under the Consumer Guarantees in the Australian Consumer Law, 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 Gift Card, Card Information, these Terms, this Website and your use of it, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website, except to the extent that any loss or damage is caused or contributed to by our negligence, willful misconduct or breach of these Terms and Conditions. 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.
- Where legislation implies any condition or warranty that cannot be excluded in these Website Terms and Conditions (such as under Australian Consumer Law), 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).
- The intellectual property rights in this Website and its contents (including text, graphics, images, logos, icons, sound recordings and software) is owned or licenced by various Participating Retailers or us as operator of the Website. The various Participating Retailers trade marks and logos are owned by such various Participating Retailers and used by us under licence. Subject to the conditions prescribed under the Copyright Act 1968(Cth), and at law, 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.
- You may not use of any trade marks appearing on the Website, without the written permission of the trade mark owner.
Variation to these Terms and Conditions
- These are our current Terms and Conditions. Subject to this clause, we may at any time vary these Terms and Conditions provided that the changes do not materially reduce or limit your rights under these Terms and Conditions. We will only change these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions if the change is required by law, where such change is imposed on us by third party suppliers or where the change is required to protect our legitimate commercial interests. You will not receive advance personal notice of such changes. 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 60 days’ notice by publishing the revised Terms and Conditions on the Website.
Questions, complaints and errors
- If you have questions or if you wish to make a complaint about the Gift Card(s) ordered online, please contact us using the “Contact Us” section of the Website.
- We may change our policies and procedures in respect of errors and complaints or if we consider it reasonably necessary to protect our legitimate commercial interests. If we decide to do this, we will publish such changes on the Website.
- All monetary amounts on the Website are quoted in Australian Dollars.
- These Terms and Conditions 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.
- If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.