Gift Card Order Terms & Conditions

These Gift Card Order Terms and Conditions ("Order Terms and Conditions") apply to all Gift Cards issued by Coles Group Limited through Coles Group & Myer Corporate Services.


What are the Order Terms and Conditions?

The Order Terms and Conditions contain important information about ordering Gift Cards through Coles Group & Myer Corporate Services.These Order Terms and Conditions may change from time to time. Please take time to read the Order Terms and Conditions before You place an Order as they form part of the agreement between You and Coles Group for the purchase of Your Gift Cards.


Document Definitions

“applicable laws” means any relevant laws, statutes, regulations, official directives and industry codes of practice or guidelines, whether or not having the force of law, which are followed by those financial institutions which meet industry best practice.

“ASIC Instrument 06/0827” means the ASIC Instrument marked 06/0827 dated 28 September 2006 and contained in ASIC Gazette No. ASIC 39/06 dated 3 October 2006 which can be found at http://download.asic.gov.au/media/1314463/ASIC39_06.pdf.

“Authorisations” means:

a) any consent, registration, filing, agreement, notice of non-objection, notarisation, certificate, licence, approval, permit, authority or exemption; or

b) in relation to anything which a Government Agency may prohibit or restrict within a specific period, the expiry of that period without intervention or action or notice of intended intervention or action.

"Bulk Activation Code" is a confidential code issued to You by Coles Group & Myer Corporate Services that is used in conjunction with the Order Number to activate an Order.

“Bulk eGift Cards” are cards delivered to You by Coles Group and Myer Corporate Services as bulk links or codes, which you must dispatch in accordance with Your obligations in clause 8.13.

“Bulk Links or Codes” are the identifying links or codes for the activation of Bulk eGift Cards provided by Coles Group and Myer Corporate Services which enable the activation of the eGift Cards by the ultimate recipient.

“Claim” means a demand, action or proceeding of any nature whether actual or threatened.

"Coles Group", “we” or “us” means Coles Group Limited ABN 11 004 089 936 of 800 Toorak Road, Hawthorn East, Victoria 3123.

"Coles Group & Myer Corporate Gift Card program" is a Gift Card buying service provided by Coles Group, Myer Pty Ltd and their supplier partners. "Coles Group & Myer Corporate Services" is a business unit of Coles Group and is responsible for managing and operating the Coles Group & Myer Corporate Gift Card program on behalf of the Coles Group, its Related Corporations and Myer Pty Ltd.

“Competition and Consumer Act” means the Competition and Consumer Act 2010 (Cth).

“Coles Group Confidential Information” means all information that is treated or designated by Coles Group as confidential, which is generally not known by non-Coles Group personnel or which should be reasonably regarded in all the circumstances as confidential including, without limitation, these Order Terms and Conditions.

“Customer” means any person who obtains, or seeks to obtain, a Gift Card by using the services of the On-Seller as contemplated in these Order Terms and Conditions.

"Delivery Recipient" is the individual to whom the Order is to be delivered, as nominated by You in the Order.

“Gift Card" means plastic and / or eGift Cards for some or all of the following brands: Coles Group & Myer Gift Card, Target Gift Card, Kmart Gift Card, Officeworks Gift Card, Coles Gift Card, Vintage Cellars Gift Card, Liquorland Gift Card or 1st Choice Liquor Superstore Gift Card.

"Gift Card Presentation Folder" is the paper base to which a plastic Gift Card may be attached and which contains important information in relation to that Gift Card.

“Gift Card Order Form” means the form of that name, located at http://corporateservices.giftcards.com.au/, which You must complete online to place an Order.

“Gift Cards Terms of Use” means the terms and conditions of use of the Gift Cards which can be found at https://corporate.giftcards.com.au/Home/TermsConditions

“Loss” means any liability, cost, expense, loss or damage. In relation to a Claim, Loss includes amounts payable on the Claim and (whether or not the Claim is successful) legal and other professional costs and disbursements on a full indemnity basis.

"Issue Confirmation" is a summary of the Gift Cards dispatched to Delivery Recipient.

“On-Seller” means You when You have been approved by Coles Group, in accordance with Clause 6, to on-sell Gift Cards.

"Order" is a request by You to purchase one or more Gift Card(s), which involves the Gift Card(s) being encoded (in the case of plastic Gift Cards) or, (in the case of eGift Cards) loaded with monetary value and other information and dispatched to a nominated Delivery Recipient.

"Order Confirmation" is written confirmation of the details of an Order and is issued to You after payment is cleared.

"Order Number" is a unique number used to identify a specific Order.

"Participating Stores" for plastic gift cards, Participating Stores are Myer and those Coles Group retailers who redeem Gift Cards including Target, Kmart, Coles Supermarkets, BI-LO Supermarkets, Liquorland, Vintage Cellars, 1st Choice Liquor Superstores and Officeworks. For eGift Cards Participating Stores are Coles Supermarkets, Target, Kmart and Officeworks.

“Privacy Act” means the Privacy Act 1988 (Cth).

"Tax Invoice" is the document which summarises an Order including all costs and applicable GST charges.

“Related Corporation” has the meaning of ‘related body corporate’ as defined in the Corporations Act.

"You", “Your” or"Your business" means a corporation, partnership or other legal entity that orders Gift Cards from Coles Group & Myer Corporate Services through a person having actual or apparent authority to do so;


1. Acceptance

1.1 These Order Terms and Conditions form a legally binding agreement between You and Coles Group for any Order You place for Gift Cards and in relation to Your participation in the Coles Group & Myer Corporate Gift Card program.

1.2 You accept these Order Terms and Conditions, as amended from time to time: 1) when You register Your business with us; 2) each time You place an Order; and 3) each time Your business or any person who purports to act on Your behalf or is in possession of a Gift Card ordered by You participates in the Coles Group & Myer Corporate Gift Card program, regardless of the manner of participation and whether such participation is authorised or not. If You do not accept these Order Terms and Conditions, do not register Your business or place an Order for Gift Cards.

1.3 Coles Group is a supplier of Gift Cards only. When You use the Gift Cards in a program, promotion or offer related to Your business, Coles Group is not the promoter. The terms and conditions associated with any program utilising Gift Cards must clearly stipulate that the program, including the issue of Gift Cards, is managed by You (as the "promoter" in the case of a prize draw or similar competition) and is in no way endorsed or supported by Coles Group or any of its Related Corporations, Myer Pty Ltd or any of the Participating Stores.

1.4 These Order Terms and Conditions are in addition to our Privacy Policy (which can be found at http://corporateservices.giftcards.com.au/Privacy-Policy) and any other terms that apply to the use of a Gift Card, including the Gift Cards Terms of Use.


2. Changes to Order Terms and Conditions

We reserve the right to change any of the terms contained in these Order Terms and Conditions at any time where the change is required:

a) to add or remove Participating Stores and/or where the Gift Card may be redeemed;

b) to add or remove goods or services which may be purchased with the Gift Card;

c) for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;

d) to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or

e) where we, acting reasonably, consider that it will not be to Your detriment or provide You with notice appropriate to the change having regard to any detriment that may be caused.

 

3. Information

When You provide us with any information, such as registration details or order details, You are representing and warranting to Coles Group that all of the information provided is correct and You indemnify Coles Group, its Related Corporations and Myer Pty Ltd for any losses, costs, expenses or damages that we may suffer if any of the information is not correct.

 

Inclusions for eGift Cards


  1. Coles eGift Card redeemable at Coles Supermarkets and Coles Central
  2. Officeworks eGift Card redeemable at Officeworks
  3. Target eGift Card redeemable at Target and online at www.target.com.au
  4. Kmart eGift Card redeemable at Kmart

Exclusions for eGift Cards


  5. All online purchases except Target eGift Card redeemable at www.target.com.au
  6. Kmart Tyre & Auto

Inclusions for plastic Gift Cards


  1. Coles Group & Myer Gift Card redeemable at Myer, Target including www.target.com.au, Baby Target, Target Country, Kmart, Kmart Tyre & Auto, Coles Supermarkets, Coles Express, Coles Central, BI-LO, Pick’n’Pay Hypermarkets, Liquorland, Vintage Cellars, 1st Choice Liquor Superstore and Officeworks.
  2. Coles Gift Card redeemable at BI-LO supermarkets, Coles Supermarkets, Coles Central and Pick’n’Pay Hypermarkets.
  3. Coles Express Gift Card redeemable at Coles Express service stations.
  4. Coles Express Car Wash Gift Card redeemable at selected Coles Express service stations. Refer to Coles Express website for details of selected service stations.
  5. 1st Choice Liquor Superstore redeemable at 1st Choice Liquor Superstore, Liquorland and Vintage Cellars
  6. Kmart Gift Card redeemable at Kmart stores and Kmart Tyre & Auto.
  7. Liquorland Gift Card redeemable at Liquorland stores.
  8. Coles Thank You card redeemable at BI-LO supermarkets, Coles Supermarkets, Coles Central and Pick’n’Pay Hypermarkets.
  9. Officeworks Gift Card redeemable at Officeworks stores.
  10. Target Gift Card redeemable at Target, Target Country, Baby Target stores and online at www.target.com.au.
  11. Vintage Cellars Gift Card redeemable at Vintage Cellars stores.

Exclusions for plastic Gift Cards


General Exclusions


  1. All online purchases (including Coles Online, Liquorland Direct, Kmart or Target “Shop From Home” services, Snapfish, Pharmacy Direct, Myer Hampers and gifts online and Officeworks Business Direct)
  2. Harris Technology
  3. Kmart New Zealand, and PixieFoto at Kmart
  4. Purchases initiated by phone, email, post or fax
  5. Bill payments, including Service ATM, DEFT, credit card accounts, store accounts and Rentsmart
  6. Hotels owned by Coles Group companies
  7. Sub-lets and licensees, including Asko, Cavallo Nero, Crumpler, Gloria Jean’s Coffees, Hudsons Coffee, Laubman & Pank, Miele, Nespresso, PixiFoto, Portrait Place, Santa’s Photo Factory and Zumay Salon.
  8. Gift cards cannot be used to purchase Paysafe.
  9. Gift Cards cannot be used to purchase gift cards.

Specific Exclusions


  1. Coles Gift Card: Coles Gift Card is not accepted at Coles Express.
  2. Coles Groceries Gift Card: Coles Groceries Gift Card cannot be redeemed for alcohol, tobacco, phone cards, Paysafe or other gift cards at Coles Supermarkets and Coles Central. The card cannot be redeemed at Coles Online, Coles Express or Liquorland.
  3. Coles Express Gift Card: Coles Express Gift Card is not accepted at Coles Supermarkets or Coles Central.
  4. Coles Express Car Wash Gift Card redeemable at selected Coles Express service stations. Refer to Coles Express website for details of selected service stations, and may only be redeemed for one car wash (valued at $7.00). Any attempt to redeem a Coles Express Car Wash Gift Card for a product or service other than a Coles Express car wash will be declined.
  5. 1st Choice Liquor Superstore Gift Card, Liquorland Gift Card, Vintage Cellars Gift Card. These Gift Cards are not accepted for purchases of liquor from Coles Supermarkets.
  6. Coles Thank You card: Coles Thank You card is not accepted at Coles Express.
  7. Target Gift Card: Target Gift Card cannot be redeemed on Target Australia eBay store.

5. Approved Purpose and Materials

5.1 Subject to clause 5.2 and 5.3, you may use Gift Cards for:

a) reward and recognition program(s);

b) loyalty programs;

c) trade and consumer promotions;

d) incentive programs;

e) programs operated as a third party service provider for marketing and program services on behalf of various corporations and businesses in Australia;

f) charity and fundraising programs; and

g) prizes and Gifts.

5.2 Gift cards redeemable for alcohol are not permitted to be supplied to persons under 18 years of age.

5.3 You must provide us with copies of any promotional material or other communications (including those issued to employees of Your business) that You propose to issue in relation to Gift Cards. Such material must be provided to us at least 7 days prior to publication or issue, and You agree to withdraw or amend any material if we request it within 7 days of receiving the material. We will only make such a request if we reasonably consider that the material is detrimental to the reputation or commercial interests of Coles Group, any of its Related Corporations or Myer Pty Ltd or may be contrary to any applicable law. All material should be provided to us with a Marketing Brief Form (please see clause 18.4 for further details).

5.4 You must include the Gift Card Terms of Use in the main body of the terms & conditions of Your program(s) utilising Gift Cards. At a minimum, the approved abbreviated Terms of Use must be displayed. The abbreviated Terms of Use can be obtained from Coles Group & Myer Corporate Services.

 

6. On Selling

Under no circumstances are You permitted to on-sell or re-sell Gift Cards to staff, team members or third parties except as may be agreed with Coles Group in writing. In the event that You have been approved as an on-seller by Coles Group in writing, Clause 22 shall apply to Your Order of Gift Cards and your participation in the Coles Group & Myer Corporate Gift Card program also.

 

7. Company Registration

7.1 Before an Order can be placed, You must first register Your business with Coles Group & Myer Corporate Services. To register, complete the Registration form http://corporate.giftcards.com.au/DigitalCorporate.

7.2 Coles Group reserves the right to decline or terminate a registration:

a) if we consider the registration to be fraudulent;

b) if You refuse or are unable to supply information that is required to service Your account and/or fulfil an Order;

c) If your business is already registered; or

d) For any other reason at the absolute discretion of Coles Group.  
  
7.3 Registration information is stored in a safe and secure environment, please see Clause 15.0 for further information relating to privacy.

 

8. Ordering

8.1 Placement of an Order by You is an irrevocable offer by You to purchase the Gift Cards You have ordered. Coles Group is not obliged to accept Your Order and we may accept or reject Your Order for any reason, including suspected fraud, unavailability of any product, failure to provide proof of age, an error in the price or the product description or an error in Your Order.
 
8.2 Your contract with Coles Group, as the case may be, for the purchase of Gift Cards described in Your Order only becomes binding when we notify You that we have accepted Your Order and receipt of Your payment has been confirmed.
  
8.3 To place an Order, complete the Gift Card Order Form online.
 
8.4 Gift Card Order Forms must be completed before 4.00pm AEST each day. Orders received after this time will be deemed received on the next business day.
 
8.5 Confirmation of payment by You is required prior to Gift Card Orders being approved for production and release. To avoid doubt, confirmation of payment and approval into production is presumed for Orders purchased by credit card once payment is approved.

8.6 Corporate Services will issue a Tax Invoice at the time of processing Your Order. Tax Invoices will be emailed to Your registered contact and are system-generated.
 
8.7 An Order Confirmation is issued to You once payment is confirmed and an Order is approved for production. Order Confirmations are emailed to the registered contact and are system-generated.
 
8.8 Orders will be processed and delivered as follows:

a) For plastic Gift Cards: within approximately three (3) to five (5) business days from the date of Order Confirmation; or

b) For eGift Cards:


  Number of eGift Cards in Order   Processing Time
  Less than 31   10 – 20 minutes
  31-100   2 - 4 hours
  More than 100   24 hours (Order will be processed overnight)

8.9 Orders are subject to confirmation and acceptance by Coles Group & Myer Corporate Services.
 
8.10 All Gift Cards in an Order will include the following card information:

a) For plastic cards, an 17-digit card number and for eGift Cards, a 17 or 30 digit number;

b) Gift Card issue date;

c) Gift Card value; and

d) In the case of eGift Cards only, a 4 digit access PIN

In addition, you may choose to receive a presentation folder with your Order for plastic Gift Cards. You may customise the presentation folder with an optional message, which will apply to all the Gift Cards in Your Order.

8.11 Gift Card deliveries include an Issue Confirmation that must be checked by the Delivery Recipient before an Order is activated or distributed to end users.

8.12 You are permitted to Order Bulk eGift Cards only where expressly permitted by Coles Group & Myer Corporate Services.

8.13 If You are authorized to purchase Bulk eGift Cards:

a) You must issue the eGift Cards only in the form of template authorized by Coles Group and Myer Corporate Services. You are not permitted to manipulate or change in any way the eGift Card template in any way without prior consent from Coles Group & Myer Corporate Services; and

b) You are responsible for the accuracy of the eGift Card denomination and expiry date on the issue of the eGift Card to the ultimate recipient. Coles Myer Group and Myer Corporate Services accepts no responsibility for the incorrect transmission of Gift Card information.

 

9. Price and Payment

9.1 For each Order, You will be charged the price of the Gift Cards plus any applicable service charges, such as delivery, and any GST applicable to those services. There is no GST applicable to the purchase price of Gift Cards. Please see Clause 12.0 for further details.

9.2 Orders can be paid for by: Bank Transfer or Credit Card (once approved). Credit cards we accept are: MasterCard, Visa, Diners Club and American Express.

9.3 Orders will not be processed until payment is cleared.

 

10. Discount on price

10.1 Negotiated or applicable discounts:

a) Coles Group, in its absolute discretion, may agree to offer a discount on the price payable by You for Gift Cards. The amount of the discount will be based on Your forecasted annual spend on individual Gift Cards.

b) Coles Group reserves the right to withdraw or decrease any discount at the end of the Term (as defined in Clause 10.2 below) without cause provided that Coles Group may withdraw a discount immediately (i.e. prior to the end of the Term) if it reasonably believes that the information provided by You and used by Coles Group to determine (i) whether to apply a discount and (ii) the amount of the discount with respect to such Term is no longer correct.

10.2 Terms of discount:

a) An offered discount will be applicable for a term agreed between the parties in writing (“Term”).

b) The discount will be reviewed 30 days prior to the expiry of the Term, and any change will be notified to You by Coles Group.

c) A discount is only valid when official Orders are placed through Coles Group & Myer Corporate Services.

d) Coles Group may also stipulate that a nominated and negotiated method of payment is required for the discount to apply. Such nominated and negotiated methods of payment will be the only method of payment accepted for Orders placed by You.

 

11. Refund and exchanges

11.1 Refunds or exchanges on Orders are not available unless the Gift Cards are proven to be faulty or damaged as a result of the production or delivery process or in the case of breach of an applicable law.

 

12. Goods and Services Tax (GST)

12.1 GST will not apply to the sale of a Gift Card.

12.2 Additional surcharges such as delivery are inclusive of GST.

12.3 Cancellation charges are inclusive of GST.

 

13. Delivery

13.1 Subject to their availability:

a) in the case of plastic Gift Cards, Gift Cards will be sent to the Delivery Recipient at the street address nominated on the Gift Card Order Form by courier;

b) in the case of eGift Cards, eGift Cards will be sent to the Delivery Recipient at the email address nominated on the Gift Card Order Form; or

c) in the case of eGift Cards Bulk Links, eGift Cards will be deemed to have been delivered at the time the eGift Card Bulk Code is downloaded by the Purchaser.

13.2 In relation to delivery of plastic Gift Cards:

a) in the event that Your business does not take delivery of an Order, the Order will be delivered at a time agreed between You and the courier company;

b) an Order must be accepted at the nominated delivery address within 30 days from the date it is dispatched. Please see Clause 15 for further details;

c) Orders will only be delivered to Australian business and residential street addresses. PO Boxes, Locked Bags and international delivery addresses are not accepted; and

d) if Your Gift Cards are damaged, or You believe that they have been tampered with prior to receipt by You, You must contact Coles Group & Myer Corporate Services immediately on 1300 725 159.

13.3 In relation to bulk eGift Cards, once downloaded, the Purchaser must ensure that Bulk Links or Codes are treated like cash. Coles Group & Myer accepts no responsibility for loss or misuse of eGift Card Bulk Links or Codes once downloaded;

13.4 The Delivery Recipient must check the Issue Confirmation before the order is activated or distributed to end users. If a discrepancy is identified, do not activate the Order or distribute any of the cards, and contact Coles Group & Myer Corporate Services immediately on 1300 725 159. Please see Clause 15.0 for further details.

 

14. Order Activation

14.1 Orders must be activated within 30 days of receiving Your Order refer to Clause 15.0 for details on what happens if You do not activate Your Order containing plastic Gift Cards.

14.2 It is the responsibility of You and/or the nominated Delivery Recipient to ensure that an Order is activated.
 
14.3 Orders must be activated using the: 1) Order Number and 2) Bulk Activation Code.
 
14.4 You will receive an 'Order Confirmation' containing the Bulk Activation Code. It is Your responsibility to provide a nominated Delivery Recipient with the Bulk Activation Code.
 
14.5 It is the responsibility of the person who places the Gift Card Order and the Delivery Recipient to keep the Bulk Activation Code confidential and in a safe and secure place. The Bulk Activation Code must not be revealed to any unauthorised person.
 
14.6 Please check Your Order carefully prior to activation. If You find a discrepancy, do not activate the Order or distribute any of the cards, and contact Coles Group & Myer Corporate Services immediately on 1300 725 159.

 

14A. Bulk Orders

14A.1 If your Order is a bulk Order involving the purchase of multiple Gift Cards in which You or one of Your representatives is the nominated Delivery Recipient, You:

a) should ensure that You have received each Gift Card requested in the bulk Order;

b) acknowledge that Clause 17.2 also applies to Your Order; and

c) should ensure that you treat each Gift Card (including any email in respect of an eGift Card) received like cash. We will not be responsible for any loss or misdirected bulk Order Gift Cards or eGift Card emails. You acknowledge that the Gift Cards Terms of Use also apply to you as a Delivery Recipient.


15. Order Cancellations

15.1 An Order for eGift Cards may not be cancelled once payment has been made.

15.2 An Order for plastic Gift Cards can be cancelled:

a) prior to payment being cleared, at no additional cost, or

b) subsequently prior to activation of the Order, in which case cancellation charges will apply.
 
15.3 Part Orders cannot be cancelled.
 
15.4 Coles Group & Myer Corporate Services reserves the right to decline a cancellation request:

a) if the Order has already been activated;

b) if the request relates to the cancellation of a part Order;

c) if the Order has already been cancelled; or

d) for any other reason at the absolute discretion of Coles Group.

15.5 After an Order is cancelled, it is Your responsibility to return all Gift Cards ordered and the Issue Confirmation to: Coles Group & Myer Gift Card Returns, Door 2, Unit 1/51 Jersey Road, Bayswater VIC 3153.

15.6 Coles Group reserves the right to cancel any Order if it is:

a) not paid for in full within 30 days of the Order Date;

b) not activated within 30 days of receiving Your Order;

c) not accepted at the nominated delivery address within 30 days of the dispatch date; or

d) deemed by Coles Group to be fraudulent or possibly fraudulent.
 
15.7 We will refund all money received from You (less any applicable fees and charges) in the form of a cheque or direct debit for all approved cancellations.
 
15.8 To discuss the cancellation of an Order, contact Coles Group & Myer Corporate Services on 1300 725 159.

 

16. Privacy

16.1 We are committed to safeguarding all information that is provided to us. Please refer to our Privacy Policy (http://corporateservices.giftcards.com.au/Privacy-Policy) for further information.

16.2 If You are the purchaser of an eGift Card, You warrant to Coles Group that You have obtained the consent of all Delivery Recipients:

a) for their personal information to be used by Coles Group and its service providers for the purpose of preparing and fulfilling eGift Cards to the Delivery Recipients; and

b) to receiving eGift Cards and associated electronic communications from Coles Group and its service providers.

16.3 If You are the purchaser of Bulk eGift Cards, it is Your responsibility to distribute eGift Cards using Bulk Links or Codes in a manner that does not negatively impact on the privacy of the intended Recipient. Coles Group & Myer accepts no responsibility as to how or impact resulting from the manner in which You distribute eGift Cards to the intended recipient.
 
16.4 If you are the Delivery Recipient of an eGift Card:

a) your name and email address were provided to Coles Group by the purchaser indicated on your eGift Card email;

b) any personal information we may have obtained about you in relation to the preparation and fulfilment of eGift Cards to you will be dealt with in accordance with our Privacy Policy(http://corporateservices.giftcards.com.au/Privacy-Policy); and


c) notwithstanding the provisions of the Privacy Policy relating to direct marketing, we will not market any Gift Card related goods or services that we provide to you unless you elect to receiving such communications from us.

 

17. Title and Risk

17.1 Title to the Gift Card(s) passes to you upon receipt of payment by Coles Group.
 
17.2 Risk in the Gift Card(s) passes to You:

a) in the case of plastic Gift Cards: once the Gift Card(s) is activated by You or once the product is delivered to the nominated delivery address, whichever is the earlier; and

b) in the case of eGift Cards: once the eGift Card is sent to the nominated Delivery Recipient’s email address.

 

18. Trade Marks

18.1 Coles Group, its Related Corporations and Myer Pty Ltd have rights in registered and unregistered trade marks, other marks, devices and images, which are protected by law (the “trade marks”). Except as expressly authorised in writing by Coles Group, its Related Corporations or by Myer Pty Ltd (as the case may be), the use of any of the trade marks is strictly prohibited.
 
18.2 Without limiting clause 18.1, neither registration of Your company nor placement of an Order through Coles Group & Myer Corporate Services authorises You to utilise the trade marks.
 
18.3 You must obtain written approval (either by e-mail or facsimile) from Coles Group & Myer Corporate Services on each occasion You propose to use any or all of the trade marks in any promotional or marketing material that will be released to consumers, team members, clients or other third parties.
 
18.4 You must obtain a copy of the Marketing Brief Form from Coles Group & Myer Corporate Services, complete the required information and forward to Coles Group & Myer Corporate Services for review. The marketing brief form can be obtained by calling Coles Group & Myer Corporate Services on 1300 725 159.
 
18.5 To avoid doubt, submission of a Marketing Brief does not guarantee automatic approval to use the trade marks or references to “Coles Group & Myer”, “Coles Group” or “Myer”.

 

19. Disclaimers and Limitation of Liability

19.1 Except to the extent required by law, none of Coles Group its Related Corporations or Myer Pty Ltd or their respective directors, officers, employees, agents, service providers, other contractors, successors or assigns will be liable for any losses, damages, liabilities, claims or expenses (including legal costs and defence or settlement costs) whatsoever, whether in contract, tort (including negligence), statute or otherwise, arising out of, or in any way related to, the supply of Gift Cards or other services contemplated by these Order Terms and Conditions. This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses You or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information.
 
19.2 Coles Group’s liability for a breach of a condition or warranty which is implied by law and cannot be excluded is limited, to the maximum extent possible, to one of the following at Coles Group’s option:

a) the supply of the goods or services again;

b) the payment of the cost of having the services supplied again,

provided that if a good is faulty or does not meet the requirements under an applicable law, including the Australian Consumer Law, Coles Group will refund the amount paid.

 

19.3 You agree to indemnify and hold harmless Coles Group, its Related Corporations and Myer Pty Ltd and their respective officers, directors, employees, agents (each an “Indemnified Party”) from and against all Loss resulting from or arising out of:

a) any breach of these Order Terms and Conditions;

b) any negligence or willful misconduct by You or Your agents, representatives or employees in connection with the Agreement;

c) any false or misleading representation by You or Your agents, representatives or employees in connection with Your obligations under the Agreement; or

d) any breach of applicable law,

except to the extent that those Losses result from any act or omission of an Indemnified Party. An Indemnified Party does not need to make any payment before enforcing any right of indemnity under this Clause 19.3.

 

20. Applicable Law

20.1 These Order Terms and Conditions are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute arising from Your participation in the Coles Group & Myer Corporate Gift Card program is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
 


21. Representations and Warranties

You represent and warrant to Coles Group (as separate and continuing representations and warranties):

a) (Authority): You have full power and authority, and hold all Authorisations required for You, to enter into and perform Your obligations under these Order Terms and Conditions;

b) (Authorisations): You have taken all necessary action to authorise the execution, delivery and performance of these Order Terms and Conditions in accordance with its terms;

c) (Binding obligations): these Order Terms and Conditions constitute legal, valid and binding obligations, enforceable in accordance with their terms;

d) (Transaction permitted): the execution, delivery and performance by You of these Order Terms and Conditions does not and will not violate, breach or result in a contravention of:

(i)      any applicable law, regulation or Authorisation;

(ii)     Your constitution or other constituent documents (if any); or

(iii)    any document which is binding upon You or any of Your assets;

e) (Compliance with laws): You fully comply, and will continue to fully comply, with all applicable laws legislative, regulatory or other government requirements in relation to or affecting the on-selling of the Gift Cards as contemplated in these Order Terms and Conditions in so far as such requirements apply to You;

f) (No insolvency): You are not insolvent;

g) (No adverse conduct): neither You nor Your officers, employees, contractors, agents or advisors will engage in any conduct which is likely to materially damage the reputation of Coles Group;

h) (Representations true): each of Your representations and warranties contained in these Terms and Conditions is true and correct, does not contain any material omission and is not misleading when made; and

i) (No reliance): You have not entered into these Order Terms and Conditions in reliance on any representation, warranty, promise or statement made by or on behalf of Coles Group.



22. On Selling Terms and Conditions

22.1 General

The sale of gift card products in Australia is regulated by Chapter 7 of the Corporations Act 2001 (Cth) (Corporations Act). Generally speaking, gift card products are considered ‘financial products’ within the meaning of the Corporations Act. To deal in a financial product (which includes issuing a financial product) or provide financial product advice a person must hold an Australian Financial Services Licence (AFSL), unless one of the exemptions under the Corporations Act applies.

Coles Group does not need an AFSL for the issue of Gift Cards because it relies on an exemption to the licensing requirement under ASIC Instrument 06/0827, a copy of which can be found at http://download.asic.gov.au/media/1314463/ASIC39_06.pdf

It is important to Coles Group that anyone selling the Gift Cards does not provide financial product advice in the context of such selling as this would require an AFSL.

22.2 Non-Exclusive Appointment

Your approval as an On-Seller of the Gift Cards is non-exclusive.

22.3 Relationship

As an On-Seller of Gift Cards You do not act as agent for Coles Group nor do You act as a ‘representative’ of Coles Group as that term is defined in section 910A of the Corporations Act.

22.4 Order for Gift Cards to On Sell

a) Before You can make an Order for Gift Cards to On-Sell You must register Your business with Coles Group & Myer Corporate Services. Registration may be done on-line by visiting https://corporate.giftcards.com.au/Account/Register.

b) All Orders placed by You for Gift Cards for On Selling are subject to these terms and conditions.

c) Coles Group is not under any obligation to re-purchase any Gift Card supplied to the On-Seller pursuant to these Order Terms and Conditions.

22.5 Obligations of On-Seller When Re-Selling

You must:

a) Only on-sell Gift Cards approved by Coles Group are allowed for onselling.

b) only re-sell Gift Cards in accordance with these Order Terms and Conditions and all applicable laws;

c) hold all Authorisations necessary for You to perform Your obligations under these Order Terms and Conditions and produce evidence of those Authorisations to Coles Group if and when requested by Coles Group;

d) clearly and prominently disclose the Gift Card Terms of Use to each Customer before or at the time the Customer purchases a Gift Card;

e) clearly and prominently state the full cash price for the Gift Card in all marketing material provided to Customers;

f) represent the nature and features of the Gift Cards accurately and not in a misleading manner;

g) only provide factual information about the Gift Cards to Customers in any promotional and marketing materials;

h) only promote or market the Gift Cards as gift products. For example, You must not promote or market the Gift Cards as a product that Customers can buy to acquire goods or services for themselves or as a form of savings device; and

i) ensure all marketing and promotional material (including, without limitation, website content and brochures) with respect to the Gift Cards is submitted to Coles for prior written approval and not make any changes to any product documentation or marketing materials (including the Gift Card Terms of Use) provided to You by Coles Group without the express written consent of Coles Group.

22.6 General Obligations of You as an On-Seller

You must:

a) not do anything that would cause Coles Group to be in breach of the Corporations Act or any other Law including ensuring that You act in a manner that does not result in Coles Group being in breach of ASIC Instrument 06/0827 when performing Your obligations under these Order Terms and Conditions;

b) comply with all applicable laws to which You are subject in relation to these Order Terms and Conditions including without limitation the Corporations Act, the Competition and Consumer Act (Cth) and the Privacy Act (Cth); and

c) provide all reasonable assistance to, and comply with all reasonable requests of, Coles Group in relation to on-selling by You of the Gift Cards.

22.7 Notification Obligations

You must immediately notify Coles Group if You breach or may potentially breach these Order Terms and Conditions or any applicable laws.

22.8 Price and Payments

Unless otherwise agreed with Coles Group in writing, before a Gift Card is issued to a Customer You must pay Coles Group the Price for that Gift Card in full in the manner required by Coles Group from time to time. This clause applies to You as an On-Seller in addition to clause 9.

22.9 Audit

a) Coles Group (including its agent or contractor) has the right to audit Your books and records to ensure compliance by You of Your obligations under these Order Terms and Conditions subject to Your reasonable requirements in relation to confidentiality, security and business disruption.

b) You will provide all reasonable assistance and co-operation to Coles Group (or its agent or contractor) with respect to any audit undertaken by Coles Group pursuant to Clause 22.9(a) above including providing access to all documents, materials and information reasonably requested by Coles Group.

22.10 Confidentiality

a) You agree to keep all Coles Group Confidential Information confidential and to only use and copy Coles Group Confidential Information to the extent necessary to carry out Your rights and obligations under the Agreement.

b) Your obligations of confidentiality under this Clause 22.11 do not apply to information that is (i) independently developed or known by You; (ii) public knowledge otherwise than as a result of a breach of these Order Terms and Conditions; or (iii) required to be disclosed or retained by Law or legally binding order of a court or other body or by a stock exchange or regulator.

22.11 Complaints

If a Customer makes a complaint to You regarding (i) the performance by You of Your obligations under these Order Terms and Conditions; (ii) the provision of a Gift Card; or (iii) the Gift Card product, You must within one (1) business day of the complaint being made to You, inform Coles Group and Coles Group may or make not take resolution of the complaint from You at the complete discretion of Coles Group. Either way You must make available to all information held by You in relation to the complaint and follow the reasonable direction of Coles Group in relation to any complaint and the resolution of such complaint.


23. Want to find out more?

For more information, contact Coles Group & Myer Corporate Services on:
 
Phone:     1300 725 159
Mail:         Coles Group & Myer Corporate Services, 800 Toorak Road, Hawthorn East VIC 3123
Email:       corporate.services@coles.com.au