Gift Cards - Terms & Conditions

4.1 (a) You may purchase WISH Gift Cards, Essential Cards and Groceries Only cards from the Website (everydaygiftcards.com.au) in accordance with these terms. You should consider the terms & conditions of use for the WISH Gift Card and/or Essentials Card and/or Groceries Only Card (as the case may be) in deciding whether to acquire or continue to hold a Card or eGift Card.

(b) By purchasing a Card or eGift Card from the Website (everydaygiftcards.com.au), you agree to be bound by: (i) these Website Terms; and (ii) the terms & conditions of use for the WISH Gift Card and/or Essentials Card and/or Groceries Only (as the case may be). The Card and eGift Card terms & conditions include provisions governing, among other things, the period of validity and Participating Stores for each of the Cards or eGift Cards. Visit the Website (everydaygiftcards.com.au) for the terms and conditions of the WISH Gift Card, eGift Card, Essentials Card, and Groceries Only Card.

4.2 Ordering and payment

(a) To purchase a Card or eGift Card you must complete the online ordering process, which requires you to:

(i) select the type of Card (WISH Gift Card, Essentials Card, Groceries Only or a combination of card types) or eGift Card, your preferred Card design, insert a message and/or image for eGift Cards only, the quantity of Card(s) or eGift Card(s) you wish to order, and the amount from $5 to $500 which you wish to be loaded onto each Card or eGift Card;

(ii) register for online purchasing by providing your name, company name (if purchasing on behalf of a company), email address, contact details and then creating a password. These Details can be changed at anytime by using the "My Account Management" 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.

(iii) provide the name and address in Australia of the person to whom the Card(s) is/are to be sent (which may be yourself or another person), or the name and email address of the person to whom the eGift Card(s) is/are to be sent (which may be yourself or another person). Delivery is only to one address for all the Card(s) purchased in a single order, or to the email address(s) provided for the eGift Card(s) purchased in a single order; and

(iv) nominate a method of delivery:

• 1-9 Cards - delivery by registered post or secure courier delivery for a fee.
• 10 or more Cards - secure courier delivery for a fee.
• eGift Card - email delivery to the Recipients email address (no delivery fee applies)

(b) In order to purchase Card(s) and eGift Cards, two (2) separate orders are required; one for Cards and one for eGift Cards. The ordering process as defined in Clause 4.2 must be followed for each order.

(c) You must pay the total of the nominated amounts (plus postage, courier and handling fees (for Card(s) only)) as indicated in the online order form using a credit card (MasterCard, Visa, Amex or Diners) or select "Pay Later" and a tax invoice will be sent via email to you within 24 hours containing information regarding order payment via EFT Direct Deposit or Cheque.

(d) From time to time, we may have promotions involving discounts or special offers for the online purchase of Cards or eGift Cards. Such promotions will have a "promotional code" associated with them. If you wish to take advantage of such promotions, you will need to enter the relevant promotional code as part of the online ordering process. Only one promotional code can be used per order. The promotional code must be entered at the time of ordering to qualify for the promotion. If using a promotional code offered as part of membership of an organisation or program, we may request your membership number or similar to identify if your order and use of the promotional code is valid.

(e) From time to time, the Card design that you select may become unavailable. If this occurs we will send the Recipient a Card(s) with an alternative design.

(f) If we find inappropriate, offensive or otherwise objectionable Submitted Data for an eGift Card(s) we reserve the right to remove the offending Submitted Data and apply default text and/or imagery to the eGift Card. For further information see Clause 4.3.

(g) The contract with Woolworths for the purchase of a Card(s) or eGift Card(s) only becomes binding when we provide you with an online tax invoice at the last stage of the online ordering process which (i) notifies you that we have processed your order, and (ii) provides you with a purchase reference number (that must be provided when making any enquires in relation to the order).

(h) Woolworths is not obliged to accept your order and may accept or reject your order, or cancel and de- activate your Card(s) or eGift Card(s), for any reason, including if your registration is deemed fraudulent, if the product is unavailable, payment is not received, it is suspected that Card(s) or eGift Card(s) ordered will be used in breach of the relevant terms and conditions or if there is an error in your order.

4.3 Submitted Data for eGift Card(s).

(a) You are wholly responsible for the Submitted Data you transmit to the Website whether such data consists of pictures, artwork or text. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no Submitted Data you transmit to the Website violates any copyright or trademark right, and that it complies with these terms and conditions. Before transmitting Submitted Data to this Website, you should assure that such Submitted Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to this Website and/or by submitting Submitted Data for integration into any Woolworths product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive licence to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us that the Submitted Data are in the public domain; or that you have all right, title and interest in and to all copyrights in the Submitted data, or that you have the express permission to copy and use such Submitted Data for all purposes related to the products you order through this Website. You further represent that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.

(b) You may not upload to this Website any material, whether text, images or otherwise that:

(i) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors musicians, sports figures, politicians, cartoon characters or public figures of any kind;

(ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof; or

(iii) phone numbers, addresses, account numbers, personalized identification numbers or URL addresses.

4.4 Verification

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

4.5 Delivery

(a) Upon acceptance of your order and confirmation of receipt of your payment, we will activate the Card(s) or eGift Card(s) and send the Card(s) or eGift Card(s) loaded with the Nominated Amount(s) to the Recipient at the address(s) provided. The date of activation will be set out on the rear of the Card(s) or on the eGift Card. You should allow up to 8 Business Days for the Card(s) to be received and 24 hours for eGift Cards from the date of dispatch.

(b) Orders for Card(s) will be delivered to Australian business and residential street addresses by registered post and secure delivery only. Card orders can be delivered to PO Boxes via registered post only. Card orders to international addresses are not accepted.

(c) All Card mail is subject to Australia Post timings and terms and conditions. Woolworths takes no responsibility for Card(s) damaged or lost in transit or late, lost or misdirected mail and will not replace or refund value for lost, stolen or damaged Card(s).

(d) You acknowledge and agree that the availability of services, including the delivery of your eGift 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. Woolworths takes 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 value for lost, misdirected, stolen or deleted eGift Card(s).

(e) The Card(s) will be delivered to the Recipient with a letter drawing the Recipients attention to the Card terms & conditions at the Website (everydaygiftcards.com.au). The eGift Card(s) will be emailed to the Recipient within an embedded link to the eGift Card drawing attention to the eGift Card terms and conditions at the Website (everydaygiftcards.com.au)

(f) If you are using a promotional code that provides "free delivery" of your online order, Woolworths will determine based on the size of your order if delivery will be made via Australia Post "Registered Post" or "Courier" service.

(g) If you purchase an eGift Card for later distribution to another Recipient, you should ensure that such Recipient is aware of (i) the WISH Gift Card terms & conditions available from the Website (everydaygiftcards.com.au).

4.6 Order Cancellations / Stopped Card(s)

We reserve the right to cancel an order and/or to place a stop on the Card(s) or eGift 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 Website terms and conditions; or

(c) We believe (or reasonably suspect) that you will use the Card(s) or eGift Card(s) for a fraudulent or unlawful purpose;

(d) We believe that you will use the Card(s) or eGift Card(s) in breach of the relevant terms and conditions;

(e) You report that the Card(s) have not been delivered, have been stolen or damaged in transit;

(f) You report that the eGift Card(s) have not been delivered, have been stolen or deleted.

4.7 Personal Information

We collect personal information so that we can send the Card or eGift Card to the Recipient on your behalf. We collect and deal with personal information in accordance with the Privacy Policy appearing on the Websites.

4.8 Warranty and Indemnity

(a) By making an order for a Card(s) or eGift Card(s) on a Website, you represent and warrant that:

(i) you are 18 years of age or over, or, if you are under 18 years of age, you have your parent's or guardian's consent to enter into these Website Terms and to use the credit card that is being used to make the purchase; and

(ii) you are properly authorised to use the credit card that is being used to make the purchase; and

(iii) all of the information you provide to us is accurate and complete.

(b) You indemnify us for all losses, costs, expenses or damages that we may suffer if:

(i) any of the information is not correct, or

(ii) any representation or warranty proves to be untrue; or

(iii) you breach any provision of these Website terms and conditions.

4.9 Errors and Complaints

(a) If you have questions or if you wish to make a complaint about the Card(s) or eGift Card(s) ordered online, please contact us using the Contact Us section of the Website (everydaygiftcards.com.au).

(b) 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. (everydaygiftcards.com.au)

5.1 Your use of a 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.

5.2 In particular, we do not warrant the reliability or accuracy of Card Information or that your use of the “Balance Enquiry" function will be uninterrupted or error-free, or that material accessible on or through a Website will be free from errors, viruses, worms or other harmful code.

5.3 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 torts, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a Card or eGift Card, Card Information, these Website terms and conditions or use of a Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in a Website. 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.

5.4 Where legislation implies any condition or warranty that cannot be excluded in these Website terms conditions, 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).