Pet House Online Terms and Conditions
About These Terms and Conditions
Global Retail Brands Australia Pty Ltd ACN 006 348 205 "we" "us" operates a website, www.pethouse.com.au (our "Site") and the Site, the products available for purchase on the Site (“Products”) and related services are made available to the Customer ("you") pursuant to the following Terms of Conditions and any other policies posted on our Site from time to time (collectively, the "T&C's"). Please read the T&C's carefully before placing any orders on our Site. We recommend you should keep a copy of the T&C's for future reference. We may modify the T&C's at any time. By accessing or using this Site, you agree to these terms & conditions of use. If you do not agree to these terms you may not use this Site.
Australian Sales Only
We sell and ship Products only within Australia. We will not make deliveries outside of Australia or to parcel lockers within or outside of Australia. We do not encourage you to use the Safe Drop option from Australia Post whereby your parcel will be left unattended at your nominated address, however if you do elect to use this service we are not responsible for any missing parcels and no claims can be made against us for compensation.
Eligibility to purchase
In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided.
Acceptance of Your Order
You may place an Order by filling in the Order Form on our site and clicking the "Submit My Order" button. Once you have made your choice and your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, just a confirmation that we have received it.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these T&C's. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept or reject your Order, prior to shipment or delivery, if:
- We are unable to obtain authorisation for payment;
- The Product ordered is out of stock;
- The Product does not satisfy our quality control standards and is withdrawn;
- You do not meet the eligibility criteria set out within the T&C's;
- The Product ordered is subject to an error on the website, for example, in relation to a description, price or image; or
- An event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the Product within a reasonable time.
To the extent permitted by law, we also reserve the right to refuse to process and therefore accept a transaction, cancel an Order that we have previously accepted, refuse service to anyone, at any time and for any reason, at our discretion.
We will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
Payment Methods and Processing
We currently accept PayPal, Visa, MasterCard, AMEX, Openpay and Afterpay (subject to Afterpay’s own credit limits on value of purchases). Please note 4 month plans incur a plan management fee of $2.50 per payment. We process payments after you click the "Submit My Order" button. Orders placed on a weekend or a Public holiday will be payment processed immediately but filling of the Order will not occur until the next business day. Business days are Monday through Friday, excluding Victorian Public holidays. We will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase subject to payment being received by us. Payments will be debited and cleared from your account upon placing of your Order. By making a payment you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Any coupon codes, for example free shipping or discount offers, are valid at the time of order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honoured on Orders successfully placed without using the relevant or correct code.
We take all reasonable care to make our Site secure. All credit card transactions on this Site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure we use Secure Socket Layer (SSL) technology. When ordering using SSL you will have a message come up about Certificate Authorisation which varies depending on what browser you are using. E2commerce provides our Certificate Authorisation which means that once you receive their message, they have authorised that we are in fact Pet House.
Our online ordering system is the industry standard for encryption technology to protect your online Order information. SSL encrypts all information including your credit card and all personal information passed from you to Pet House. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
We will take all reasonable care to keep the details of your Order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
- We do not redeem VIP rewards as payment for online purchases.
- We do not provide lay-by facilities for online purchases.
- We are unable to accept credit cards issued by banks outside of Australia.
- Debit cards and credit cards have daily spending limits that may substantially delay the processing of your order, if exceeded.
- You may be required to provide further identification and information for additional security reference checks.
We do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed. We may run security checks for the purpose of preventing credit card or payment fraud. Security checks may be conducted by telephone, by email or by a combination of both. As part of a security check we will require you to provide further verification of your credit card and your identification. If you do not agree to undergo a security check you may choose to process your payment through PayPal instead or you may have your Order cancelled and refunded. We maintain absolute discretion to cancel and refund your Order if you refuse to undergo any part of a security check.
We have made every effort to display as accurately as possible the colours of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
Product prices shown on the Site are in Australian dollars and are inclusive of GST at the applicable rate.
Pricing and Stock availability
We always seek to list Products with the most competitive prices.
- We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order.
- The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart. Please refer to Shipping Charges below for more details.
- The promotions and sales prices that are offered on the Site are available online only.
- We reserve the right to extend or withdraw a promotional or sale offer at any time without notice.
- Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the Site (eg duration of the promotion or sale, method of calculation of savings etc). Please read these additional terms and conditions carefully.
Delivery and Shipping
A confirmation email showing that we have received your Order will automatically be sent to you once you have proceeded through to the end of the check out. Once accepted your Order will be dispatched by the next Business Day (this may take 2-3 days during promotional periods)
Timing of Delivery:
You acknowledge and agree that estimated delivery time within Australia is approximately 2 to 10 days from the date your payment is received. The estimated delivery times are in business days (Monday through Friday excluding Public holidays in Victoria). You agree that estimated times are to be used as a guide only depending on your location and the availability of stock. You acknowledge and agree that we especially cannot and do not guarantee any delivery times during promotional periods and will distribute your goods as and when possible. You acknowledge and agree that whilst we endeavour to fulfil all Orders, please note some items, sizes or colours may not be available at time of dispatch. Your credit card will be refunded for items not available at time of dispatch. If your Product has not arrived after the estimated delivery time, please contact Customer Service on 1300 136 936.
Cancellation or change
It may be possible for you to cancel or change your Order if your Order has not started the packing process in our warehouse. Please contact one of our Customer Service Representatives on 1300 136 936 or email us and if cancellation or change remains possible, we will assist you.
Please note we only ship Orders to Australian Postal addresses and post office boxes. Unless otherwise agreed by us, we will deliver your Products to the Australian address indicated on your Order Confirmation. We dispatch all Orders using the Australia Post eParcel service. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Order from your local Post Office. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.
If you have specified a recipient who is not you, for delivery purposes, then you accept that evidence of a signature by a person who identifies themselves as that person at that delivery address, is evidence of delivery to you and fulfilment by us of our responsibility.
All purchases for delivery in Australia will be charged as follows:
We offer free standard shipping for all Orders of $79 (inclusive of GST) or more.
Orders under the value of $79 (inclusive of GST) will incur a flat rate of $9.99 for standard shipping.
Our freight and handling fees do not include insurance and we may not be held responsible for any damage, destruction or loss of goods after delivery to Australia Post.
Any applicable shipping charges for your Order will be shown during the checkout.
We may at our discretion offer limited time Free Shipping promotions from time to time based on the following eligibility criteria:
- Order is placed during the stated promotional period;
- Free shipping eligibility registration information must be completed in full (incorrect post codes will be advised in the registration process);
- Free Shipping offer is valid for all Australian territories;
- Shipping charges will apply to ineligible products/orders; and
- Offer is not available for commercial or wholesale/bulk orders.
After your Order has been dispatched a confirmation email will be sent to the email address you provided, with an Australian eParcel tracking number. You can track the shipping status of your order at Australia Post.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these T&C’s excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at consumerlaw.gov.au. If a Product has a minor defect, we may provide a repair or offer you a replacement or a refund at our discretion. If a Product has a major defect, you are entitled, within a reasonable time after delivery, to:
- reject the goods and receive a refund
- reject the goods and receive an identical replacement, or one of similar value if reasonably available to us, or
- keep the goods and receive compensation for the drop in value caused by the problem.
If the Products arrive damaged or inoperable a claim must be made by either calling our Toll Free Number 1300 136 936 or emailing our Customer Service Teamor email within 7 days after the parcel has been delivered and providing a full detailed description of the problem with supporting photographic evidence as well as your order number. Depending on the problem our Customer Service team will determine how best to resolve your problem with minimum inconvenience to you. Please note Products that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair Products that we accept are faulty. If we consider the Product is not repairable or the same product is not available, you are entitled to a full refund in the original tender. Our normal warranty for the Products supplied to you, applies if they arrive damaged or inoperable.
Where we agree that a Product is defective and needs to be replaced or repaired return shipping will be arranged at our expense. We recommend that items are returned to us via courier or registered post to ensure that they are protected and insured during transit. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
Where we agree to replace a Product:
- A replacement for the Product that you ordered will be shipped to you at our expense after we have received your returned Product (does not apply to change of mind).
- The delivery time for the replacement Product will be the same as stated for the original Product.
- Consumer Guarantees under the Australian Consumer Law but no additional guarantees apply to all replacement products.
Goods with Manufacturer’s warranty - Refund/Replacement policy
Many of our Products come with a guarantee or warranty from the manufacturer. Please refer to the warranty terms and conditions on or in the packaging, however nothing in those warranty terms and conditions excludes the application of the Consumer Guarantees that apply under the Australian Consumer Law, and our change of mind guarantee.
Return Authorisation Number - A Must Have
A Return Authorisation (RA) number is required for replacement Products and refunds. Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to us within 30 calendar days of the issuance of the RA to qualify for a replacement or refund. All Products must be returned new and unused, including any accessories, manuals, documentation and registration that were shipped with the Product. If the accessories are not included, only a partial refund will be applied.
It is your responsibility to ensure that the Products are protected from damage in transit. Returns that are damaged or soiled may not be accepted and may be sent back to you and/or a refund refused.
You will be notified by email once your return has been received and processed.
Unidentified returns may be returned to the sender; therefore please ensure all details are clear and concise.
Returning a product if you change your mind
All our items or Products come with a thirty (30) day refund guarantee in addition to your statutory rights. If, for any reason whatsoever, you are not satisfied with any Product delivered to you, you may, within thirty (30) days of the Product being delivered, return the Product, as new and unused, with all tags and stickers still attached and with your original tax invoice (as proof of purchase) to us for a full refund of the purchase price of the Product. This refund does not include the costs of return postage. You are responsible for return postage to our warehouse. We cannot accept returns in store for change of mind or Products purchased through the Site. We recommend that Products are returned to us via courier or registered post to ensure that they are protected and insured during transit. Returns that are damaged or soiled may not be accepted and may be sent back to you and/or a refund refused. For information on the most appropriate way to return items for change of mind you must first contact the Customer Service team via one of the following methods:
Toll Free: 1300 136 936
This change of mind guarantee does not apply to Products that we repair or replace under these T&C’s.
Your entitlements to a refund, exchange, repair or credit are governed by the Australian Consumer Law and this change of mind guarantee is in addition to those rights.
Organising the Return of Products
To return any item for any reason you must arrange the return by return postage through Australia Post. Customer Service will email you a PDF voucher containing an RA which you must affix to the Product. You must then take the Product to any Australia Post Office for return.
Your Data - Use and Protection
Credit Card Fraud
While we employ Secure Sockets Layer (SSL) technology software for our transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection or Prevention Procedures
To help ensure our Site remains a safe and secure place for customers to transact we may ask you to confirm your identity by confirming information that you’ve provided us is correct.
Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open your account or when you make an online purchase. In addition, from time to time we may need to ask you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. Our process is entirely voluntary, however if you do choose not to confirm or provide the information we ask for then we may unfortunately not be able to continue to process your Order.
If we need to confirm your identity, we’ll attempt to contact you soon after you have placed your Order. If we can’t confirm your identity within 7 days we will cancel your Order and process a refund within 24 hours of our last attempt to contact you.
You may not assign any rights and obligations under these T&C’s whether in whole or in part without our prior written consent. Any unauthorised assignment shall be deemed null and void. We reserve the right to change the T&C’s at any time. The T&C’s applicable to you are those on our Site at the time you order a Product. None of our employees or agents have the authority to vary any of the T&C’s governing any sale.
To the extent permitted by law, we are not liable for any delay in performing any of our obligations under these T&C’s if such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property Rights
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site. All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Your use of website
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this Site on a temporary or permanent basis.
Third Party Websites
We may include links on this Site to other websites or resources operated by parties other than us. We have not reviewed all of the websites or resources linked to our Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Compensation and Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these T&C's.
You acknowledge that if you breach the T&C's and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C's. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C's in any way.
You acknowledge and agree that the T&C's together with all our policies and procedures will be governed by and construed in accordance with the law of Victoria, Australia, and the relevant courts of Australia will have exclusive jurisdiction.
Reading down & severability, inconsistency
If any portion of these T&C's is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C's and the rest of the T&C's will not be affected by the severance. If any portion of these T&C's is inconsistent with any other policies or terms constituting these T&C's, then these T&C's will prevail to the extent of the inconsistency.
Please note that all telephone calls to or from our Customer Service team may be recorded for training, quality and business purposes.
Contact Us Enquiry
At Global Retail Brands Australia Pty Ltd your privacy is important to us. We will only use the information you provide for the purpose of dealing with and processing your online purchase.
If you choose not to provide the requested information or do not agree to our disclosure of any of your personal information this may prevent us from fulfilling the Purposes.
At Global Retail Brands Australia Pty Ltd your privacy is important to us.
We will only use the information you provide for the purpose of dealing with and responding to your enquiry (Purposes).
Privacy Collection Statement
At Global Retail Brands Australia Pty Ltd your privacy is important to us.
We will only use the information you provide for the purpose of: (1) registering you as a member of the Pet House email subscriber program, and (2) communicating with you regarding exciting new offers, including delivering direct marketing communications from Pet House and affiliated businesses we operate and associated product brands which we believe may be of interest to you (Purposes).
If you would like to opt out of any direct marketing communications, simply unsubscribe using the link in the marketing communication or email us at email@example.com
Balanced Life Enhanced Competition - Full Terms & Conditions here
Dog Lovers Show Double Pass - Full Terms & Conditions here
Holistic Select Win a Years Supply - Full Terms & Conditioons here
Pet House & Savourlife Facebook Giveaway - Full Terms & Conditions here
Pet House & Savourlife Instagram Giveaway - Full Terms & Conditions here
Pet House 12 Days of Christmas Instagram Giveaway - Full Terms & Conditions here
Pet House Amazing Instagram Giveaway - Full Terms & Conditions here
Pet House & Canidae Giveaway - Full Terms & Conditions here
Pet House & Black Hawk Giveaway - Full Terms & Conditions here
World Animal Day Giveaway - Full Terms & Conditions here
12 Days of Christmas Giveaway - Full Terms & Conditions here
Congratulations to the winner of a Holistic Select Win a Years Supply V Adkins QLD 4223
Gift Card Terms and Conditions
- Your purchase, use, redemption or attempted redemption of a gift card constitutes your acceptance to be bound by these Terms and Conditions.
- Gift Card expiry depends on the date and place of issue. See paragraph 6 for more details.
- Questions, problems and information
- If you have any questions, problems or would like more information about your Gift Card, you may get in touch with us via the following methods:
- "Gift Card Code"means the card number printed on the front of the Digital Gift Card.
- "Gift Voucher"means the Pet House Digital Gift Card purchased online.
- "[Pet House]" or “we” or “us” or “our”means Global Retail Brands Australia Pty Ltd ACN 006 348 205 of Level 2, 425 St Kilda Road Melbourne VIC 3004.
- “Website”means pethouse.com.au
- Balance Value"means, at any time, the unspent or unused portion of the initial value loaded onto your Gift Card.
- "You" or "your"means the person who has and/or uses the Gift Card for the purposes of these Terms and Conditions, or who authorises another person to have or use the Gift Card on their behalf.
- Gift Card Redemption & Exclusions
- Once loaded with value, you can redeem your Gift Card for purchases of goods online at the Pet House Website.
- Loading value and activation of your Gift Card
- You must specify the quantity of Gift Cards you wish to purchase and then nominate the value you wish to be loaded on the Gift Card(s). Please note that a minimum of $25.00 and a maximum of $250.00 can be loaded onto each Gift Card. When you purchase a Gift Card online for the first time you will need to create an account. Please refer to clause 10 of these Terms and Conditions with details of how we manage the personal information that we may collect from you with respect to Gift Cards.
- Tender for payment of Gift Cards
- You can pay for your Gift Card value with the tender of your choice either credit card or paypal (other than another Gift Card or Reward Points).
- Activation of Gift Card
- The transaction will be completed when the Gift Card is loaded with value and activated. Gift Cards will be activated within 48 hours from the time of purchase.
In the unlikely event of a delay with the activation of the Gift Card, you may temporarily be unable to make purchases using the Gift Card. If you experience any delay with the activation of your Gift Card, please call 1300 136 936.
- Using your Gift Card
- Making a purchase with your Gift Card online
- Select the goods that you wish to purchase online with your Gift Card, follow the prompts and enter your Gift Card number and Access Code at the checkout.
By entering the Gift Card number and Access Code at the checkout you authorise us to reduce the total value or Residual Value of your Gift Card by the value of the goods purchased. The transaction will be completed when the value has reduced on your Gift Card.
No change will be given for any Balance Value. The Balance Value may only be used for future purchases until the Gift Card expires.
- Purchases exceeding the Residual Value
- If you wish to make a purchase of goods for an amount that exceeds the available value of the Gift Card (whether that be the initial total value or the Balance Value), you will be required to pay the difference using another form of payment. If making a purchase online, you can combine your Gift Card with a credit card as payment.
- Purchases under $20 value
- Gift Cards may not be used to purchase goods under the amount of $20. If you wish to make a purchase of goods for an amount that is less $20, you may be required to pay using another form of payment.
- Exchanging items purchased with a Gift Card
- Goods that are purchased in whole or in part with a Gift Card may be returned, exchanged or replaced subject to our Returns Policy and in accordance with the Australian Consumer Law.
Our Returns Policyincludes the right for us to issue a Gift Card instead of other tender or cash, in certain circumstances.
- No cash advances
- You cannot redeem Gift Cards for cash or use Gift Cards to obtain cash advances.
- Checking your Gift Card balance, expiry date and transaction history
- You will not be sent statements of transactions for your Gift Card. You can check your Gift Card balance and expiry date at any time by calling 1300 136 936. For balance enquiries by phone you will be required to provide both the Gift Card number (17 digit number) and Pin on your Gift Card prior to getting access to the Gift Card information.
- You can also check the balance of your voucher under your account on the website under My Account
If we believe that an administrative or accounting error has occurred, we reserve the right to correct the balance of your Gift Card.
- No exchange of Gift Card
- You cannot exchange your Gift Card for a different denomination or for another tender, cash or discount.
- No purchase of another Gift Card
- You cannot use a Gift Card to purchase another Gift Card.
- Gift Cards cannot be reloaded
- If the Gift Card is expended (ie there is no Residual Value), it cannot be reloaded. Please destroy any expended Gift Cards.
- Expiry, voiding and cancellation of Gift Cards
- Expiry of Gift Cards
- Gift Cards are valid for 3 years from the issue date or until no amount remains on the gift card, whichever is earlier.
- On expiry, the Gift Card will automatically become invalid and any residual value will not be refunded or credited and will become our property.
- It is up to you to use the full value of the Gift Card before the expiry date.
- Voiding and cancellation of Gift Cards
- A Gift Card is void once it is expended or expires.
- We may also cancel Gift Cards in the following circumstances:
- We may cancel a Gift Card that has been defaced, mutilated, damaged or altered in any way unless such damage is proven to have been caused by us or our agents or contractors
- We may cancel a Gift Card if you do not agree to a variation of these Terms and Conditions pursuant to paragraph 9 below.
- We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances we may provide a refund.
- Lost, stolen or damaged Gift Cards
- You are responsible for the use, security and care of your Gift Card.
- You are liable for all transactions on your Gift Card (except to the extent of any fraud or negligence by us).
- The person in possession of the Gift Card will be treated as the owner of the Gift Card.
- Lost or stolen Gift Cards will not be replaced or refunded.
- Defaced, mutilated, damaged or altered Gift Cards will not be redeemed, replaced or refunded, unless such damage is proven to have been caused by us or our agents or contractors.
- Changes to Terms and Conditions
- We may at any time vary any of the terms contained in these Terms and Conditions. The varied terms will be published on the Website and in selected marketing materials. The varied terms will take effect from the date that they are published on the Website (Variation Date).
If you do not agree to the varied term, you must notify us in writing within 14 days of the Variation Date. If you notify us within the notice period that you do not accept the varied terms, we may cancel your Gift Card and refund any Residual Value to you.
- Privacy and confidentiality
- Limitation of liability
- These Terms and Conditions do not affect your statutory rights. Other than those statutory rights that cannot be excluded, any conditions implied by any other laws are excluded from these Terms and Conditions.
- To the extent permitted by law:
- We will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause except if caused by our gross negligence; and
- if we are liable to you, we limit our liability to you in respect of any claim, however it arises, to the Residual Value on your Gift Card at the time you make a claim against us.
- Applicable law
- These Terms and Conditions are governed and interpreted in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia and the Federal Court of Australia.