eCard

1. Introduction

These Terms and Conditions of Use apply to all eCards issued by Myer Pty Ltd ABN 83 004 143 239 after 01 February 2012.

YOUR PURCHASE, REDEMPTION OR ATTEMPTED REDEMPTION OF A GIFT CARD CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND AGREEMENT TO THE PRIVACY POLICY AND SECURITY NOTICE (SEE PARAGRAPH 8).

This document contains the full set of terms and conditions governing your use of the eCard. We recommend that you read this document carefully before using the eCard. If you have any complaints, questions or would like more information about your eCard, please call 1300 398 226, visit the website www.myer.com.au/giftcards or see in-store.

Expiry: Myer eCards sold after 31 March 2018 expire 3 years after the date of issue (note MYERone Reward Cards expires 1 year after the date of issue).
eCards sold prior to the 31 March 2018 are valid for 2 years.

Returns Cards issued after 3 October 2019 expire 3 years after the issue date, Returns Cards issued prior to this date expire 1 year after the issue date. See paragraph 4

2. Definitions

"Access CODE" means the 4-digit Access CODE printed on the back of the eCard.

"Myer" means Myer Pty Ltd ABN 83 004 143 239 of 800 Collins Street, Docklands, Victoria 3008.

"eCard" means the gift card that you have purchased or received, such as one of the following: Myer eCard, Myer Returns Card, Myer eeCard.

"MYER one Reward Card" means a reward card received by a MYER one member, from Myer, in accordance with the terms and conditions of the MYER one program, whether in plastic, digital or other form.

"Myer Returns Card" means the eCard of that name issued to you as tender in a return transaction.

"Remaining eCard Value" means, at any time, that portion of the initial value loaded onto your eCard which is unspent which and can be accessed by using the eCard in accordance with these Terms of Use.

A reference to "we" or "us" is a reference to Myer Pty Ltd.

A reference to "you" or "your" is a reference to the person who is in possession of the eCard at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the eCard on their behalf.

1. eCard Redemption & Exclusions

1.1 Redemption

Except for the exclusions listed in paragraph 1.2 (Exclusions) below, once loaded with value your eCard may be redeemed for purchases at all Myer stores and online at myer.com.au

1.2 Exclusions

The following are the exclusions applicable to the redemption of your eCard:

a. all purchases made via phone, facsimile or email (including Myer Hampers and gifts online and myfind.com);

b. bill payments, including credit card accounts, and store accounts (e.g. a Myer branded credit card account);

c. eCards cannot be used to purchase on the eBay Myer Store or to purchase eCards or other tender.

d. the goods and services sold by some of our sub-tenants and licensees, including Brunetti, Eating In Italy, Gloria Jeans Coffees, Hudson’s Coffee, BCI clinics, Santa’s Photo Factory, Tesla and Myer Melbourne Mural Hall. This list may change from time to time and is available by request or online at www.myer.com.au/giftcards.

You agree that you will not use your eCard to purchase goods or services that a retailer is not permitted to supply to you (for example, a retailer cannot by law sell alcohol to you if you are under 18 years of age).

2. How to load value onto your eCard

2.1 In store eCard purchases

Present the eCard to our point of sale operator. Check that the eCard has not been removed from the cardboard carrier and that the scratch panel on the back of the eCard has not been tampered with or removed. If it has been tampered with or removed, give the eCard to our point of sale operator to be destroyed and select a new one.

Nominate the value you wish to be loaded on the eCard. A minimum of $5.00 and a maximum of $500.00 can be loaded on each eCard.

2.2 Online eCard purchases

Physical eCards that are purchased from Myer Online are pre-loaded and delivered inactive in accordance with our Myer Retail eCards Online Terms and Conditions (see https://retail.myergiftcards.com.au/CMS/Page/giftcardterms )

eeCards that are purchased from Myer Online are delivered inactive and will be activated 24 hours after purchase.

2.3 Corporate eCard purchases

eCards for corporate customers that are purchased directly from Myer Corporate Sales are pre-loaded and activated in bulk in accordance with our Myer Corporate eCards Ordering Terms & Conditions (see www.myer.com.au/corporategiftcards).

2.4 All eCards

Pay for your eCard value with the tender of your choice (other than a eCard). The transaction will be completed when the eCard is activated and loaded with value.

There may be a delay with the eCard activating in the system once loaded. During this delay, the eCard cannot be used for purchases or transaction enquiries.

Except if expressly stated by us in the case of special promotions, you will not be awarded any MYER one Shopping Credits when you purchase a eCard.

3. Using your eCard

3.1 Making a purchase with your eCard

Present your eCard at the point of sale at a Myer store with the merchandise that you wish to purchase using that eCard. Our point of sale operator will instruct you to swipe or scan your eCard in the pin pad and then enter the Access CODE into the pin pad. The transaction will be completed when the balance has reduced on your eCard.

No change will be given for any Remaining eCard Value. The Remaining eCard Value may be used in whole or part against future purchases until the eCard expires.

You agree that we can reduce the Remaining eCard Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:

a. swiping or scanning your eCard and entering your Access CODE, or allowing an operator or other person to do so, at the point of sale; or

b. giving us details of the eCard and authorising the transaction in some other way approved by us.

When you authorise a transaction:

a. you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and

b. you are agreeing to pay the amount of that transaction by the reduction of the Remaining eCard Value.

3.2 Purchases exceeding the Remaining eCard Value

Your eCard may only be used to make purchases up to the initial eCard value or the Remaining eCard Value. If you wish to make a purchase for an amount that exceeds the eCard value or the Remaining eCard Value, you must pay the excess using another payment method.

3.3 Exchanging items purchased with a eCard

Goods that are purchased solely, or in part with a eCard may be exchanged or returned subject to Myer's exchange and returns policy.

Our exchange and returns policy includes the right for us to issue a returns card such as the Myer Returns Card instead of other tender, cash, eCards or discount.

3.4 Issue with goods or services purchased with a eCard

If you have an issue with any goods or services that you purchased with a eCard you should contact the Myer store where the purchase was made.

3.5 No cash advances

eCards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your eCard, redeem your eCard for cash or receive any portion of the Remaining eCard Value in cash.

3.6 Checking your eCard balance, expiry date and transaction history

You will not be sent statements of transactions on a eCard. You can check your eCard balance and expiry date at any time in-store at the service desk, or by calling 1300 398 226 or visiting www.myer.com.au/giftcards. For balance enquiries by phone or online, you will be required to enter both the eCard number (17 digit number) and Access CODE on your eCard prior to getting access to the eCard information.

3.7 Can I exchange my eCard?

You cannot exchange your eCard for a different denomination or type of eCard or for another tender, cash or discount.

3.8 Can I purchase a gift card using a gift card?

eCards cannot be used to purchase another gift card, Recharge Vouchers or Mobile Plans. This includes Myer Returns Card.

3.9 Destruction of eCard with no value

All eCards remain the property of Myer. If the Remaining eCard Value is zero your eCard cannot be reloaded. Our point of sale operator may destroy your expended eCard or you must destroy it by cutting it in half diagonally.

4. Expiry, cancellation and re-issue of eCards

4.1 Expiry of eCards

Except for the Myer Returns Card and MYER one Reward Card, your eCard will be valid for use for three years from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should use all of the Remaining eCard Value before the expiry date, after the expiry date unused value will become the property of Myer.

4.2 Expiry of Myer Returns Card

Your Myer Returns Card will be valid for use for 3 year from the date of issue (for cards issued after 3 October 2019 or as otherwise extended by us) after such time it will be invalid. You should use all of the Remaining eCard Value before the expiry date, after the expiry date unused value will become the property of Myer.

4.3 Cancellation and voiding of eCards

a. eCards cannot be cancelled once they are issued except if voided by Myer, if their value is used or if they expire.

b. We reserve the right to void any eCard that appears to have been defaced, mutilated, altered or tampered with in any way and Myer may subject eCards to a verification process.

c. We reserve the right to cancel any eCard, or the eCard program, for any reason at any time without notice. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement eCard.

d. We reserve the right to correct the balance of your eCard if we believe that a clerical or accounting error has occurred.

4.4 Re-issue of faulty or damaged eCards

A re-issue of faulty or damaged eCards is not available unless the fault or damage to the eCard is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.

5. Lost or stolen eCards

Treat your eCard like cash. Lost or stolen eCards will not be replaced or refunded. The bearer of the eCard will be taken to be the owner of the eCard.

6. Your eCard, your responsibility

You are responsible for the use and safety of your eCard. You are liable for all transactions on your eCard, except to the extent to which there has been fraud or negligence by us.

7. Changes to Terms and Conditions of Use

We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason and agree to provide you with at least 30 days' notice of such changes. We will give you notice by posting the changes on www.myer.com.au/giftcards. If you write to Myer within the notice period and do not accept the changes we may cancel your eCard and refund any Remaining eCard Value to you.

8. Privacy and confidentiality

Our Privacy and Security Notice explains how we handle the personal information that we may collect from you with respect to eCards. If you do not have a copy and are unable to access the notice online (at www.myer.com.au/giftcards), please call 1300 398 226 for a copy.

A copy of the Myer Pty Ltd Privacy Policy is available at www.myer.com.au

It is important that you read and understand both the Privacy and Security Notice and the Privacy Policy.

9. Errors and complaints

If you have reason to believe that an error has occurred in relation to your eCard, you should call 1300 398 226.

10. Limitation of liability

You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum 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 of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining eCard Value on your eCard.

11. Applicable law

These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a eCard is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

Version: January 2019