Gift Cards Order Terms & Conditions
These Corporate Gift Card Order Terms & Conditions (Order Terms & Conditions) apply to all Gift Cards purchased through Coles Group Corporate Services at https://corporateservices.giftcards.com.au. These Order Terms & Conditions may change from time to time. Please take time to read the Order Terms & 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.
In these Order Terms & Conditions the following definitions apply.
Activation Code means a confidential code issued to you by Coles Group Corporate Services that is used in conjunction with the Order Number to activate an Order.
Activation ID means the 4 digit ID required to activate an Order.
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.
- any consent, registration, filing, agreement, notice of non-objection, notarisation, certificate, licence, approval, permit, authority or exemption; or
- 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 eGift Cards means eGift Cards delivered to you by Coles Group Corporate Services as bulk links or codes, which you must dispatch in accordance with your obligations in clause 7.11.
Bulk Links or Codes means the identifying links or codes for the activation of Bulk eGift Cards provided by Coles Group 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, us, or our means Coles Group Limited ABN 11 004 089 936 of 800 Toorak Road, Hawthorn East, Victoria 3123.
Coles Group Corporate Gift Card Program means a Gift Card buying service provided by Coles Group and the Participating Retailers.
Coles Group Corporate Services means a business unit of Coles Group and is responsible for managing and operating the Coles Group Corporate Gift Card Program on behalf of the Coles Group and the Participating Retailers.
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.
Corporate Website means www.corporateservices.giftcards.com.au or at such other address should the URL change.
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 & Conditions.
Delivery Recipient means the person to whom the Order is to be delivered, as nominated by you in the Order, which may be the Recipient.
eGift Card means any egift card issued by Coles Group that you have purchased through the Website for one or more of the Participating Retailers.
Gift Card means any gift card issued by Coles Group that you have purchased including an eGift Card, for one or more of the Participating Retailers.
Gift Card Presentation Folder means 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 order form you must complete online to in order to purchase a Gift Card from Coles Group Corporate Services.
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 means the 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 5, to on-sell Gift Cards.
On-Selling Scheme means an on-selling scheme for the Gift Cards approved in accordance with clause 5 and that meets the requirements of clause 19.2.
Order means a request by you by completing a Gift Card Order Form to purchase one or more Gift Cards, which involves the Gift Cards loaded with monetary value and other information, in the case of plastic Gift Cards, being encoded and dispatched to a nominated Delivery Recipient.
Order Confirmation means a written confirmation of the details of an Order and is issued to you after payment is cleared.
Order Number means a unique number used to identify a specific Order.
Participating Retailers means the participating retailers specified on the Website at which each of the Gift Cards can be used to purchase goods or services.
Recipient means the person who receives the Gift Card for use at a Participating Retailer.
Related Corporation has the meaning of ‘related body corporate’ as defined in the Corporations Act.
Tax Invoice means the document which summarises an Order including all costs and applicable GST charges.
Website means www.giftcards.com.au or at such other address should the URL change.
you, your or your business means a person, corporation, partnership or other legal entity that orders Gift Cards through the Corporate Website.
2.1 These Order Terms & Conditions form a legally binding agreement between you and Coles Group for any Order you place for Gift Cards.
2.2 You accept these Order Terms & Conditions, as amended from time to time:
- when you register your business with us;
- each time you place an Order; and
- 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 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 & Conditions, do not register your business or place an Order for Gift Cards.
2.3 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 the Participating Retailers.
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 for any Losses that we may suffer if any of the information is not correct.
4. Approved Purpose and Materials
4.1 Subject to clauses 4.2, 4.3 and 5, you may use Gift Cards for:
- reward and recognition programs;
- loyalty programs;
- trade and consumer promotions;
- incentive programs;
- programs operated as a third party service provider for marketing and program services on behalf of various corporations and businesses in Australia;
- charity and fundraising programs;
- prizes and gifts; or
- an On-Selling Scheme.
4.2 Gift Cards redeemable for alcohol are not permitted to be supplied to persons under 18 years of age.
4.3 You must provide us with copies of any promotional material or other communications to Recipients (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 requested by us 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 or any of the Participating Retailers or may be contrary to any applicable law. All material should be provided to us with a Marketing Brief Form (please see clause 16.4 for further details).
5. 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 19 will apply.
6.1 Before an Order can be placed, you must first register your business with Coles Group Corporate Services. To register, complete the registration form at http://corporateservices.giftcards.com.au/Account/Register.
6.2 Coles Group reserves the right to decline or terminate a registration:
- if we consider the registration to be fraudulent;
- if you refuse or are unable to supply information that is required to service your account or fulfil an Order;
- if your business is already registered; or
- for any other reason at the absolute discretion of Coles Group.
7.1 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.
7.2 Your agreement with Coles Group for the purchase of Gift Cards described in your Order only becomes binding when we issue to you an Order Confirmation.
7.3 To place an Order, you are required to complete the Gift Card Order Form online.
7.4 Gift Card Order Forms received after 5.00pm AEST on a business day or any time on a non-business day will be deemed received on the next business day.
7.5 Confirmation of payment by you is required prior to a Gift Card Order being approved for production and release.
7.6 Coles Group 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.
7.7 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.
7.8 Orders will be processed and delivered as follows:
- for plastic Gift Cards: within approximately 3 to 5 business days from the date of the Order Confirmation; and
- for eGift Cards: as soon as reasonably practicable after the date of the Order Confirmation depending on the number of eGift Cards in the Order but within 24 hours from the date of the Order Confirmation.
We do not accept responsibility for Orders that do not arrive within the period specified.
7.9 Each Gift Card in an Order will include the following:
- Gift Card identification number;
- Gift Card issue date;
- Gift Card value; and
- Activation Code and Activation ID.
In addition, you may choose to receive a Gift Card Presentation Folder with your Order for plastic Gift Cards. You may customise the Gift Card Presentation Folder with an optional message, which will apply to all the Gift Cards in your Order.
7.10 Gift Card deliveries include an Issue Confirmation that must be checked by the Delivery Recipient before an Order is activated or distributed to Recipients.
7.11 If you are authorised to purchase Bulk eGift Cards using your own template:
- you must issue the eGift Cards only in the form of template authorised by Coles Group 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 Corporate Services; and
- you are responsible for the accuracy of the eGift Card denomination and issue date appearing on the eGift Card to be sent to the End User. Coles Group Corporate Services accepts no responsibility for the incorrect transmission of Gift Card information.
8. Price, GST and Payment
8.1 For each Order, you will be charged the price of the Gift Cards plus any applicable service charges (such as delivery fees), and any GST applicable to those services.
8.2 GST will not apply to the sale of a Gift Card. Additional service charges (such as delivery fees) are inclusive of GST. Cancellation charges are inclusive of GST.
8.3 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.
8.4 Orders will not be processed until payment is cleared.
9. Discount on price
9.1 Negotiated or applicable discounts
- 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.
- Coles Group reserves the right to withdraw or decrease any discount at the end of the Term (as defined in clause 9.2 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.
9.2 Terms of discount
- An offered discount will be applicable for a term agreed between the parties in writing (Term).
- 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.
- A discount is only valid when official Orders are placed through Coles Group Corporate Services.
- 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.
10. Refund and exchanges
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.
11.1 eGift Cards will be sent to the Delivery Recipient at the email address nominated on the Gift Card Order Form.
11.2 In relation to delivery of plastic Gift Cards:
- Gift Cards will only be delivered by courier to the Delivery Recipient at an Australian business or residential street addresses nominated on the Gift Card Order Form (PO Boxes, Locked Bags and international delivery addresses are not accepted);
- an Order must be accepted at the nominated delivery address within 30 days from the date it is dispatched; and
- 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 Corporate Services immediately on 1300 725 159.
11.3 In relation to bulk eGift Cards:
- eGift Cards Bulk Links or Codes and eGift Cards will be deemed to have been delivered at the time the eGift Card Bulk Link or Code is downloaded by you; and
- once downloaded, you must ensure that Bulk Links or Codes are treated like cash. Coles Group accepts no responsibility for loss or misuse of eGift Card Bulk Links or Codes once downloaded.
11.4 On delivery of your Order you must ensure that you:
- have received each Gift Card referred to in the Issue Confirmation; and
- 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 Gift Cards.
12. Order Activation
12.1 It is your responsibility or the responsibility of the nominated Delivery Recipient to ensure that an Order is activated.
12.2 Orders must be activated using: (i) Order Number; (ii) Activation Code; and (iii) Activation ID.
12.3 You will receive an Order Confirmation containing the Activation Code and Activation ID. It is your responsibility to provide the nominated Delivery Recipient with the Activation Code and Activation ID.
12.4 It is the responsibility of the person who places the Order and the Delivery Recipient to keep the Activation Code and Activation ID confidential and in a safe and secure place. The Activation Code and Activation ID must not be revealed to any unauthorised person.
12.5 Please check your Order carefully prior to activation. If you find a discrepancy, do not activate the Order or distribute any of the Gift Cards, and contact Coles Group Corporate Services immediately on 1300 725 159.
13. Order Cancellations
13.1 An Order for eGift Cards may not be cancelled once payment has been made.
13.2 An Order for plastic Gift Cards can be cancelled:
- prior to payment being cleared, at no additional cost, or
- after payment but prior to activation of the Order, in which case cancellation charges will apply.
13.3 Part Orders cannot be cancelled. After an Order is cancelled, it is your responsibility to return all Gift Cards ordered and the Issue Confirmation to Coles Group Gift Card Returns, Door 2, Unit 1/51 Jersey Road, Bayswater VIC 3153.
13.4 Coles Group reserves the right to cancel any Order if it is:
- not paid for in full within 30 days of the date the Order is placed;
- not accepted at the nominated delivery address within 30 days of the dispatch date; or
- deemed by Coles Group to be fraudulent or possibly fraudulent.
13.5 We will refund all money received from you (less any applicable fees and charges) in the form of direct debit for all approved cancellations.
13.6 To discuss the cancellation of an Order, contact Coles Group Corporate Services on 1300 725 159.
14.2 You warrant to Coles Group that you have obtained the consent of all Recipients:
- for their personal information to be used by Coles Group and its service providers for the purpose of preparing and delivering Gift Cards; and
- to receiving eGift Cards and associated electronic communications from Coles Group and its service providers.
14.3 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 Recipients. Coles Group accepts no responsibility as to how or impact resulting from the manner in which you distribute eGift Cards to the Recipients.
15. Title and Risk
15.1 Title to the Gift Card(s) passes to you upon receipt of payment by Coles Group.
15.2 Risk in the Gift Card(s) passes to you:
- in the case of plastic Gift Cards, once the Gift Card(s) is activated by you or once the Gift card is delivered to the nominated delivery address, whichever is the earlier; and
- in the case of eGift Cards, once the eGift Card is sent to the nominated Delivery Recipient’s email address.
16. Trade Marks
16.1 Coles Group and the Participating Retailers have rights in registered and unregistered trade marks, other marks, devices and images, which are protected by law (Trade Marks). Except as expressly authorised in writing by Coles Group, the use of any of the Trade Marks is strictly prohibited.
16.2 Without limiting clause 16.1, neither registration of your company nor placement of an Order through Coles Group Corporate Services authorises you to utilise the Trade Marks.
16.3 You must obtain written approval from Coles Group 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.
16.4 You must obtain a copy of the marketing brief form from Coles Group Corporate Services, complete the required information and forward to Coles Group Corporate Services for review. The marketing brief form can be obtained by calling Coles Group Corporate Services on 1300 725 159.
16.5 To avoid doubt, submission of a marketing brief does not guarantee automatic approval to use the Trade Marks.
17. Representations and Warranties
You represent and warrant to Coles Group (as separate and continuing representations and warranties) that:
- you have full power and authority, and hold all Authorisations required for you, to enter into and perform your obligations under these Order Terms & Conditions;
- you have taken all necessary action to authorise the execution, delivery and performance of these Order Terms & Conditions in accordance with its terms;
- these Order Terms & Conditions constitute legal, valid and binding obligations, enforceable in accordance with their terms;
- the execution, delivery and performance by you of these Order Terms & Conditions does not and will not violate, breach or result in a contravention of:
- any applicable law or Authorisation;
- your constitution or other constituent documents (if any); or
- any document which is binding upon you or any of your assets;
- you fully comply, and will continue to fully comply, with all Applicable Laws in relation to or affecting the on-selling of the Gift Cards as contemplated in these Order Terms & Conditions in so far as such requirements apply to you;
- you are not insolvent;
- 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;
- each of your representations and warranties contained in these Terms & Conditions is true and correct, does not contain any material omission and is not misleading when made; and
- you have not entered into these Order Terms & Conditions in reliance on any representation, warranty, promise or statement made by or on behalf of Coles Group.
18. Disclaimers and Limitation of Liability
18.1 Except to the extent required by law, none of Coles Group, the Participating Retailers or their respective directors, officers, employees, agents, service providers, other contractors, successors or assigns will be liable for any Losses arising out of, or in any way related to, the supply of Gift Cards or other services contemplated by these Order Terms & 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.
18.2 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:
- the supply of the goods or services again; or
- 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.
18.3 You agree to indemnify and hold harmless Coles Group, the Participating Retailers and their respective officers, directors, employees, agents (each an Indemnified Party) from and against all Loss resulting from or arising out of:
- any breach of these Order Terms & Conditions by you or your agents, representatives or employees;
- any negligence or willful misconduct by you or your agents, representatives or employees in connection with these Order Terms & Conditions;
- any false or misleading representation by you or your agents, representatives or employees in connection with your obligations under these Order Terms & Conditions; or
- any breach of Applicable Laws, 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.
19. On Selling Terms & Conditions
- 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.
- 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.
19.2 Business rules
- Any On-selling Scheme must be for a closed membership group and not open to the general public. For example, as a direct result of being an employee or scheme member and NOT signing up to a website from home for a joining fee.
- Schemes that exist for the sole purpose of offering discounts or cashbacks to the public are not eligible.
- All Scheme communication should specify that the Scheme is passing on the discount, not the Participating Retailer and be clear about how the benefit is achieved, that is not at the point of sale.
- The Coles Group & Myer Group Card is not offered.
19.3 Non-Exclusive Appointment
Your approval as an On-Seller of the Gift Cards is non-exclusive.
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.
19.5 Order for Gift Cards to On Sell
- Before you can make an Order for Gift Cards to on-sell you must register your business with Coles Group Corporate Services. Registration may be done on-line by visiting https://corporateservices.giftcards.com.au/Account/Register.
- All Orders placed by you for Gift Cards for on-selling are subject to these Order Terms & Conditions.
- Coles Group is not under any obligation to re-purchase any Gift Card supplied to the On-Seller pursuant to these Order Terms & Conditions.
19.6 Obligations of On-Seller When Re-Selling
- only on-sell Gift Cards in accordance with an On-Selling Scheme;
- only re-sell Gift Cards in accordance with these Order Terms & Conditions and all Applicable Laws;
- hold all Authorisations necessary for you to perform your obligations under these Order Terms & Conditions and produce evidence of those Authorisations to Coles Group if and when requested by Coles Group;
- clearly and prominently state the full cash price for the Gift Card in all marketing material provided to Customers;
- represent the nature and features of the Gift Cards accurately and not in a misleading manner;
- only provide factual information about the Gift Cards to Customers in any promotional and marketing materials;
- 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
19.7 General Obligations of you as an On-Seller
- not do anything that would cause Coles Group to be in breach of the Corporations Act or any other Applicable 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 & Conditions;
- comply with all Applicable Laws to which you are subject in relation to these Order Terms & Conditions including without limitation the Corporations Act, the Competition and Consumer Act (Cth) and the Privacy Act (Cth); and
- 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.
19.8 Notification Obligations
You must immediately notify Coles Group if you breach or may potentially breach these Order Terms & Conditions or any Applicable Laws.
19.9 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 8.
- 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 & Conditions subject to your reasonable requirements in relation to confidentiality, security and business disruption (Audit).
- 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 including providing access to all documents, materials and information reasonably requested by Coles Group.
- 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.
- Your obligations of confidentiality under this clause do not apply to information that is:
- independently developed or known by you;
- public knowledge otherwise than as a result of a breach of these Order Terms & Conditions; or
- required to be disclosed or retained by any Applicable Law or legally binding order of a court or other body or by a stock exchange or regulator.
If a Customer makes a complaint to you regarding:
- the performance by you of your obligations under these Order Terms & Conditions;
- the provision of a Gift Card; or
- the Gift Card product, you must within 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.
20. Force majeure
21. Applicable law
22. Contact us
For more information, contact Coles Group Corporate Services on:
- Phone: 1300 725 159
- Mail: Coles Group Corporate Services, 800 Toorak Road, Hawthorn East VIC 3123
- Email: firstname.lastname@example.org