eCard

Product Issuer:

Derni Pty Ltd ACN 002 263 872
A1 Richmond Road
Homebush West NSW 2140

Participating Stores:

Each participating independently owned and operated franchisee carrying on business at each Harvey Norman®, Domayne® and Joyce Mayne® complex and online (Franchisee).

1. These Terms

1. 1.1 You agree to these Terms when you purchase, activate, redeem, enquire or attempt to use a eCard.
2. 1.2 The Issuer may amend these Terms at any time without notice.
3. 1.3 These Terms are governed by and construed in accordance with the laws and Courts of New South Wales.
4. 1.4 Where you purchase these eCards as a personal or business gift, or for other business uses approved by the Issuer, you must ensure that the end gift card holder is made aware of these Terms, including the expiry date.
5.  

2. Purchase of eCard

1. 2.1 The Issuer issues physical gift cards (Physical eCards) and electronic gift cards (eeCards) (eCards).
2. 2.2 Physical eCards may be purchased from the Issuer and from any Franchisee carrying on business at a Harvey Norman®, Domayne® and Joyce Mayne® complex and from Harvey Norman Online® (www.harveynorman.com.au), Domayne Online® (www.domayne.com.au) and Joyce Mayne Online® (www.joycemayne.com.au).
3. 2.3 eeCards may be purchased from the Issuer, Harvey Norman Online® (www.harveynorman.com.au), Domayne Online® (www.domayne.com.au) and Joyce Mayne Online® (www.joycemayne.com.au).
4. 2.4 Enquiries relating to corporate orders, should contact the Issuer’s corporate eCard Office on (02) 9201 6111.

3. Redemption of eCard

1. 3.1 A eCard has no value unless activated in the Issuer’s gift card system (System) and payment has been made.
2. 3.2 A eCard may be redeemed for goods and services purchased from any Franchisee carrying on business at a Harvey Norman®, Domayne® and Joyce Mayne® complex, Harvey Norman Online®, Domayne Online® and Joyce Mayne Online®.
3. 3.3 A eCard is currently unable to be redeemed from a Franchisee carrying on business at Harvey Norman PhotoCentre Online®, Domayne PhotoStation Online®, Joyce Mayne Express Photos Online® or PrintShop by Harvey Norman®.
4. 3.4 On presentation of a eCard to a Franchisee, the Issuer procures the Franchisee to provide credit up to the balance of the eCard as identified in the System, against the purchase price due to the Franchisee. If the purchase price exceeds the balance of the eCard, the gift card holder must pay the difference using another payment method. No change will be given and any balance on the eCard may only be used in whole or in part against future purchases.
5. 3.5 A eCard’s Access Pin may be required to redeem a eCard. On a Physical eCard, the Access Pin is the last 4 digits of the barcode located on the reverse of the card, and may be concealed by a scratch panel. On an eeCard, the Access Pin is the last 4 digits of the barcode located in the eeCard email.

4. Expiry Date

1. 4.1 A eCard expires 36 months from date of issue.
2. 4.2 Any balance remaining on a eCard after the expiry date will not be able to be redeemed by the eCard holder.
3. 4.3 A eCard cannot be re-activated at any time.

5. Exclusions

1. 5.1 A eCard presented in altered, fraudulent or defaced form will not be able to be redeemed by the eCard holder.
2. 5.2 A person may be asked to verify, to the reasonable satisfaction of the Franchisee, that they are authorised to redeem a eCard on behalf of the original purchaser or the person named in the System.
3. 5.3 A eCard cannot be redeemed by email, phone or fax, to pay a store credit account, to pay an interest free deposit or a repayment, or to purchase goods or services that a Franchisee is not permitted to supply to a person by law.
4. 5.4 A eCard cannot be redeemed for goods and services from Harvey Norman® stores operating outside Australia.
5. 5.5 A eCard cannot be reloaded, used for cash advances or redeemed for cash.
6. 5.6 A eCard cannot be used to purchase other eCards.
7. 5.7 A eCard cannot be exchanged for a different brand, denomination or type of eCard.
8. 5.8 A eCard at all times, remains the property of the Issuer, and must not be resold or re-valued by a person, without the express written consent of the Issuer.

6. Transaction Enquiries

1. 6.1 The eCard balance and expiry date may be checked by you at any time by:
   (a) any Franchisee carrying on business at a Harvey Norman®, Domayne® and Joyce Mayne® complex.
   (b) visiting Harvey Norman Online® (www.harveynorman.com.au), Domayne Online® (www.domayne.com.au) or Joyce Mayne Online® (www.joycemayne.com.au).
   (c) contacting the Issuer on (02) 9201 6111.
2. 6.2 The System will be conclusive evidence of the balance, history and expiry date of a eCard.
3. 6.3 Where a eCard has an Access Pin, the Access Pin must be provided to gain access to the card information.

7. Lost and Stolen eCards

1. 7.1 A eCard must be treated as cash as it will not be reissued, refunded or honoured if lost or stolen.
2. 7.2 A eCard will only be reissued, refunded or honoured where the eCard is shown to be faulty or damaged due to the fault of the Issuer or a Franchisee, or where there has been a breach of any condition or warranty implied under the Australian Consumer Law.

8. Liability

1. 8.1 eCard holders are responsible for the use and safety of their eCard at all times.
2. 8.2 To the extent permitted by law, Issuer, a Franchisee and their related entities are not liable to any person for any loss or damage (including direct or consequential loss), nor will they be in default of these Terms for failure to observe or perform any of their obligations under these Terms, for any reason or cause, which could not, with reasonable diligence, be controlled or prevented.

9. Promotion Activities

1. 9.1 The Issuer does not permit the use of eCards in connection with any marketing, promotion or advertising activities without prior written consent of the Issuer. The Harvey Norman®, Domayne® and Joyce Mayne® trade marks are owned by Harvey Norman Retailing Pty Ltd (Retailing) and are used by each Franchisee under a licence granted by a related entity of Retailing. Any use of these trade marks by any third party is strictly prohibited without the prior written consent of Retailing.
2. 9.2 eCards may not be used in a manner that implies that a person, business, product or service is endorsed or sponsored by or affiliated with Issuer, a Franchisee or any of their related entities.

10. Privacy

1. 10.1 A eCard holder may be required to provide proof of identity.
2. 10.2 Personal information may be collected by the Issuer, the Franchisee or their related entities at the time of purchase or redemption of a eCard. The Privacy Act 1988 (Cth) imposes obligations on the Issuer and each Franchisee in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australia Privacy Principles (APPS). Under the APPS, the Issuer and Franchisee are only permitted to collect personal information if it is reasonably necessary for, or directly related to, one or more of their functions or activities. Personal information collected through this function is used for the purpose of identification. The Privacy Policy of a Franchisee is available from that Franchisee. The Privacy Policy of the Issuer is available by contacting the Issuer’s Privacy Officer on (02) 9201 6111. Persons subject to these Terms consent to the use of their personal information in accordance with the Privacy Policy unless they advise the Privacy Officer otherwise.

11. Enquiries and Complaints

1. 11.1 Where a person has a complaint or enquiry about eCards, they should contact the Issuer at (02) 9201 6111.
2. 11.2 Where a person has a complaint or enquiry about goods or services purchased by a person using a eCard, they should contact the relevant Franchisee where they purchased the goods or services.

eCard Terms of Use Version 7.1 July 2018