1. Definitions

In these Website Terms & Conditions the following definitions apply.

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.

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

Website means www.giftcards.com.au or at such other address should the URL change.

you or your is a reference to the person who uses the Website, or who authorises another person to use the Website on his or her behalf.

2. Ownership

The Website and all content is operated and owned by Coles Group.

3. Use of this Website

You must not:

1. by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any content contained on the Website;
2. do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
3. breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
4. interfere with any other persons use or enjoyment of the Website;
5. post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
6. use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
7. use the Website or any content in any way that is unlawful, illegal or breaches the rights of Coles Group or any third party; and
8. use the Website in any way that otherwise breaches these Terms & Conditions.

These Website Terms & Conditions apply are in addition to the following and to any related services:

1. Gift Card Terms of Use;
2. Corporate Gift Card Order Terms& Conditions where applicable; and
3. Privacy Policy at https://corporateservices.giftcards.com.au/CMS/Page/PrivacySecurity.

4. Acceptance

These Website Terms & Conditions form a legally binding agreement between you and Coles Group in relation to your use of the Website. You accept these Website Terms & Conditions by accessing or using any part of the Website after you have first accessed a page providing a link to them.

If you decline to accept these Website Terms & Conditions, you will need to exit the Website immediately.

You acknowledge and accept these Website Terms & Conditions (as varied from time to time) each time you or any other person accesses on your behalf, any part of this Website, regardless of the means by which the Website is accessed, and whether such access is authorised or not.

5. Withdrawal or suspension of service

We may at any time withdraw or suspend our online services through the Website, or your access to them, for any reason without notice, including (without limitation) the following:

1. if there is an interruption to, or fault in, any applicable computer or telecommunications system or service;
2. if you breach any of the Website Terms & Conditions;
3. if your gift card is cancelled or expires;
4. if you use a service for a purpose not expressly authorised by Coles Group under these Website Terms & Conditions, or any of the Terms & Conditions referred to in paragraph 3 above, or otherwise in writing;
5. if a service, website computer or telecommunications system is subjected to any virus, unauthorised access, denial of service or similar event;
6. for maintenance or security purposes; or
7. if Coles Group no longer wishes to provide a service or maintain the Website.

Coles Group may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of the Website Terms & Conditions, or is in breach of law or other regulation. Coles Group reserves its right to identify or bring legal action against any person who is breaching these Website Terms & Conditions, including obtaining injunctive relief.

6. Third Party Websites

The Website contains links to other web sites controlled by third parties (Third Party Websites). Coles Group is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.

Coles Group makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

We do not allow anyone to provide links to Coles Group sites without our written permission.

7. Intellectual Property

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Coles Group. Except for viewing the Content for your own personal non-commercial use, Coles Group does not grant you any rights to use the Website or Content for any other purpose unless it expressly consents in writing.

8. Liability limited

Coles Group does not warrant or guarantee:

1. the accuracy or completeness of any information available on the Website;
2. that access to the Website will be uninterrupted or error free;
3. that any defects will be corrected immediately; or
4. that the Website will be free from viruses or other contamination.

Except where prohibited by law, Coles Group will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it, except to the extent it is caused by our negligence, fraud or wrongful act or omission. You use the internet and the Website at your own risk.

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 or repaired.

9. Variation

Coles Group may vary these Website Terms & Conditions at any time, and by continuing to use the Website you consent to any variations. Coles Group will not notify of these variations and it is your responsibility to regularly check these Website Terms & Conditions for any variations.

10. Applicable law

This Website is provided for use by Australian residents only. Your use of this Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

This Website may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Coles Group makes no representations that the content of this Website complies with the laws, including intellectual property laws, of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the site or where anything you publish or upload can be accessed.

11. Miscellaneous

If any of these Website Terms & Conditions are unenforceable or held to be invalid, the offending provision(s) will be removed from these Website Terms & Conditions and the amended Website Terms & Conditions will remain in force.

Any failure by Coles Group to act or enforce these Website Terms & Conditions immediately will not be considered a waiver of Coles Group’s right to take any such action.