WEBSITE: TERMS AND CONDITIONS OF USE
1. Gift Card Express Store
1.1. www.giftcardexpress.com.au (the “Website”) is owned and operated by Gift Card Express Pty Ltd ABN 27 627 192 698 (“we”, “us” and “our”).
1.3. 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. See clause [2.2] below regarding Gift Card Terms.
1.4. By purchasing a Gift Card from the Website, you agree to be bound by the Terms and the Gift Card Terms for the applicable Gift Card.
1.5. Any information submitted by you through a Website may be provided to our related companies and to third parties that provide services in relation to the Gift Cards or the Website.
1.6. The Website is only available to users within Australia.
1.7. 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.
2. Gift Cards
2.1. Each gift card is either an electronic OR physical gift card (together referred to as “Gift Card”) issued by our gift card issuers (“Gift Card Retailers”) for use as payment (up to the Gift Card Amount and prior to the expiry date of the Gift Card) at their participating stores which are listed on the Website as the store/s 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.
2.2. Each Gift Card may only be used in accordance with the Gift Card Terms. Gift Card Terms are set by the relevant Gift Card Retailer and 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 your use of the Gift Card. You should consider the relevant Gift Card Terms carefully in deciding whether to purchase or continue to hold a Gift Card.
2.3. 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 Card and may include a unique pin number (together, the “Card Information”). The Card Information is provided to us by the Gift Card Retailer.
2.4. 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.
3. Ordering and payment
3.1. 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), insert a message for each Gift Card where relevant and the quantity of Gift Cards you wish to order;
(b) register for online purchasing by providing your name, company name, company ABN, 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 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 address(s) provided for the Gift Card(s) purchased in the order. It is your responsibility to ensure that any 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.
3.2. You must pay the order total price as indicated in the online order form using a credit card (Visa, MasterCard or American Express) issued by an Australian financial institution, EFT to Blackhawk’s nominated bank account or payment of invoice. Orders will not be processed until payment has been successfully processed (including any payment verification – see clause  below) and we have your full contact details.
3.3. 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. 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.
3.4. If we find inappropriate, offensive or otherwise objectionable Submitted Data for a Gift Card(s), we reserve the right to remove the offending Submitted Data and apply default text to the Gift Card. For further information see clause  below.
3.5. 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).
3.6. We are not obliged to accept your order and may accept or reject your order, or cancel and de- activate your Gift 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 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.
4. Payment verification
4.1. 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.
5. Submitted Data for Gift Card(s)
5.1. You are wholly responsible for any data you submit to the Website (which includes pictures, artwork and/or text (“Submitted Data”) 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 ensure that you have the consent of the copyright or trademark owner to use the material (if applicable). By uploading Submitted Data to this Website and/or by submitting Submitted Data for integration into any product for processing, sharing, storage or fulfilment: (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 you have all right, title and interest in and to all copyrights in the Submitted Data, or have obtained any necessary consents, permissions and licences to copy and use the 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.
5.2. You may not upload to this Website any material, whether text, images or otherwise that:
(a) 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;
(b) is unlawful, threatening, abusive,libellous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof; or
(c) phone numbers, addresses, account numbers, personalized identification numbers or URL addresses.
5.3. The content of the Submitted Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the Submitted Data. However, we reserve the right at all times to review the Submitted Data, to disclose the Submitted data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to remove the Submitted Data and apply default Gift Card text and/or imagery, that are, in our sole judgement and discretion, objectionable or in violation of these terms and conditions. We shall not be obliged to justify our decision when replacing any Submitted Data.
6.1. 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 address(s) nominated by you in the ordering process. The date of activation will be set out with the Gift Card(s).
6.2. 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. 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 value for lost, misdirected, stolen or deleted Gift Card(s).
6.3. eGift 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.
7. Order cancellations / refunds / stopped Gift Card(s)
7.1. Once an order is placed and order confirmation issued, subject to your rights under applicable law, you may not return or seek refund of Gift Cards purchased.
7.2. 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; or
(c) We believe (or reasonably suspect) that the Gift Card(s) will be used for a fraudulent or unlawful purpose;
(d) We believe that the Gift Card(s) will be used in breach of the relevant terms and conditions;
(e) You report that the Gift Card(s) have not been delivered, have been stolen or deleted.
7.3. If we cancel an order or place a stop on any Gift Card(s), we will notify you as soon as possible and at our absolute discretion, may refund amounts paid by you in respect of that Gift Card(s).
8. Personal Information
9. Protection of information
9.1. 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.
9.2. 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.
10. Linked websites
10.1. 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.
11. Warranty and Indemnity
11.1. 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 credit card that is being used to make a purchase; and
(d) all of the information you provide to us is accurate and complete.
11.2. 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;
(a) your use of the Website including any information you provide being incorrect;
(d) your use of a Gift Card purchased from us; and
(c) your breach of the Terms;
12.1. 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.
12.2. 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 process.
12.3. 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 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. 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.
12.4. 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).
13. Intellectual property
13.1. 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.
13.2. You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
14. Questions, complaints and errors
14.1. 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.
14.2. 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.
15.1. All monetary amounts on the Website are quoted in Australian Dollars.
15.2. 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.
15.3. 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.
16.1 Gift Card means the digital gift card that can be Redeemed for one or more Digital Rewards on a redemption website.
16.2. Redeem means to exchange the SwitchIt Gift Card on a redemption website for one or more Digital Rewards.
16.3. Digital Reward means the third party gift card or voucher that is emailed to each recipient upon Redemption of a SwitchIt Gift Card.
16.4. A SwitchIt Gift Card may be Redeemed for one or more Digital Rewards of equivalent total face value.
16.5. A SwitchIt Gift Card is Redeemable only for Digital Rewards approved by Edge.
16.6. A Digital Reward may be activated and exchanged for goods and services at the participating retailer.
16.7. Your SwitchIt Gift Card must be Redeemed by the expiry date stated when you receive your SwitchIt Gift Card. SwitchIt Gift Cards expire at 11:59 AEST on the stated expiry date of the SwitchIt Gift Card. If you do not Redeem the SwitchIt Gift Card during the validity period, you will forfeit the SwitchIt Gift Card.
16.8. Your Digital Reward must be exchanged for goods and services at the participating retailer by the expiry date stated when you activate your Digital Reward. Digital Rewards that are not used within the designated time frame cannot be re-activated, extended or refunded in any way.
16.9. Each Digital Reward may be subject to specific terms and conditions as set out by the issuer of the Digital Reward. Redemption processes, terms and conditions and instructions of use may vary across different Digital Rewards offered by merchants and suppliers.
16.10. SwitchIt Gift Cards and Digital Rewards cannot be redeemed for cash, reloaded, returned for a refund, have their balances consolidated to a new gift card or voucher, or be replaced after expiry and are not legal tender, account cards, credit or debit cards or securities.
16.11. You must keep your SwitchIt Gift Cards and Digital Rewards secure. If your SwitchIt Gift Card or Digital Reward is lost, or you suspect an unauthorised transaction, you must immediately report this by calling 1300 737 968. We may be able to stop stored SwitchIt Gift Cards and Digital Rewards being used if you can provide us with the redemption code or Redemption details.
16.12. If you have a query or complaint about the SwitchIt Gift Card or Digital Reward you have received, please contact us immediately. We are not liable for the availability, quality or fitness for purpose of any goods or services purchased with a Digital Reward.
16.13. If you think there has been an incorrectly processed transaction in relation to your Digital Reward you must contact the issuer of the Digital Reward. Edge Loyalty Systems is unable to reverse any approved transactions.
16.14. We are committed to safeguarding information that is provided to us. When you redeem your SwitchIt Gift Card, we collect information that is required to administer your use of the SwitchIt Gift Card and any delivery of Digital Rewards you select. This information is collected solely to support the administration of the SwitchIt Gift Card and Digital Reward