eCard

The following apply to these Terms and Conditions

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

Card Number means the identification number that appears on the eCard.

Coles Group means Coles Group Limited ABN 11 004 089 936 of 800 Toorak Road, Hawthorn East, Victoria 3123.

eCards means any electronic gift card issued by Coles Group that you have purchased or received through the Website for one or more of the Participating Retailers.

Expiry Date means the date specified on the Website for each eCard expiry which may vary for each Participating Retailer and each type of eCard after which the Remaining Card Value on any eeCard will not be available for redemption.

eCard means any plastic gift card or eeCard issued by Coles Group that you have purchased or received for one or more of the Participating Retailers.

Participating Retailers means the retailers specified on the Website at which each of the eCards can be used to purchase goods or services.

Personal Information includes, but is not limited to, your name, your email address and payment details.

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

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

A reference to we, us or our is a reference to Coles Group Limited.

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, or who authorises another person to do something with or to the eCard on their behalf.

Introduction

These Terms of Use govern your use of the eCard.

We recommend that you read these Terms of Use carefully before using the eCard. If you have any questions or would like more information about the eCard please call 1300 304 990.

Agreeing to these Terms of Use

By using or attempting to use a eCard, or by making a transaction enquiry or exercising any right to redeem value loaded on a eCard, you:

1. agree to be bound by these Terms of Use;
2. warrant to us that you will comply with these Terms of Use and all applicable laws and that the eCard will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers; and
3. acknowledge that you have read and understood our Privacy Policy at https://www.coles.com.au/privacy.

Where and what for can eCards be used

Please note: From 1st July 2019 Coles Group & Myer eCards can no longer be redeemed at Kmart Tyre & Auto Service.

The Website sets out the up to date information for each Participating Retailer as to where each eCard can be used.

No eCard can be used for:

1. purchases initiated by phone, email, post or fax;
2. Service ATMs;
3. bill payments, including credit card accounts and store accounts;
4. purchases at hotels owned by Coles Group companies; and
5. purchases of gift cards.

Activation

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.

Access PIN

You acknowledge that we may allow access to the services offered on the Website to anyone who enters a valid Card Number and Access PIN. Your Access PIN is simply our way of identifying you. It does not offer you any protection or security if your eCard is lost or stolen. Remember to treat your eCard like cash.

You are solely responsible for any loss caused by use of your eCard and Access PIN by you or any other person, including any use not approved or contemplated by you.

You must notify us immediately by calling our Customer Response Team on 1300 304 990 if you know or suspect any unauthorised use of your eCard.

Purchases with your eCard

Select goods or services in your Participating Retailer store or online site (where applicable) with a eCard and take them to the point of sale. The point of sale will instruct you to present your eCard, and then enter the Access PIN. The transaction will be completed when the balance has reduced on your eCard. No change will be given. Any Remaining Card Value can only be used in whole or part against future purchases.

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

Transactions are authorised by you by:

1. presenting your eCard and entering your Access PIN, or allowing an operator or other person to do so, at an electronic point of sale terminal at a Participating Retailer; or
2. giving a Participating Retailer details of the eCard and authorising the transaction in some other way approved by that Retailer. When you authorise a transaction:
   1. you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
   2. you are agreeing to pay the amount of that transaction by the reduction of the Remaining Card Value.

Purchases exceeding the eCard value

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

No cash advances

You cannot obtain any cash advance with your eCard or redeem your eCard for cash.

Validity and expiry of eCards

Your eCard will be valid for use until the Expiry Date. Any Remaining Card Value that remains on a eCard after the Expiry Date will not be available for use. To check the Expiry Date of your eCard, visit Check Your Expiry Date, or call 1300 304 990 or visit in-store at the service desk.

Lost or stolen eCards

Treat your eCard like cash, lost or stolen eCards will not be replaced or refunded.

Faulty or damaged eCards

A eCard will only be reissued if it is proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Coles Group, its agents or contractors or a Participating Retailer.

Destruction of eCard with no value

Once the Remaining Card Value is completely used, destroy the eCard by cutting it in half diagonally. Your eCard cannot be reloaded.

Can I exchange my eCard?

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

Can I cancel my eCard?

No, you cannot cancel your eCard.

Checking your eCard balance and transaction history

You can check the Remaining Card Value, Expiry Date and transaction history at any time by visiting Check Your Balance, or by calling 1300 304 990 or visiting in-store at the service desk. For balance enquiries by phone or online, you will be required to enter both the Card Number and Access PIN prior to getting access to the card information.

Can I collect flybuys points when I purchase or use a eCard?

When you purchase a eCard, you will not collect flybuys points. However, flybuys points (and any applicable bonus points) can be collected on redemption of your eCard at applicable Participating Retailers.

Exchanging items purchased with a eCard

Goods that are purchased solely, or in part with a eCard may be exchanged or returned subject to the exchange and returns policy of each Participating Retailer.

Some Participating Retailers' exchange and returns policy may include the right to issue a returns card such as the Coles Returns eCard instead of other tender, cash, eCards or discount.

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 or by any of our employees.

Changes to Terms of Use

We reserve the right to change any of these Terms of Use at any time where the change is required:

1. to add or remove Participating Retailers or where the eCard may be redeemed including but not limited to where a Participating Retailer ceases to carry on business (and for avoidance of doubt Coles Group will have no liability in relation to the Remaining Card Value on any eCards for Participating Retailers that cease to carry on business that are not related bodies corporate of Coles Group);
2. to add or remove goods or services which may be purchased with the eCard;
3. for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
4. to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
5. where we, acting reasonably, consider that it will not be to your detriment.

Changes to these Terms of Use will be available on the Website or by contacting 1300 304 990.

Privacy

Our Privacy Policy 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 online at https://www.coles.com.au/privacy , please call 1300 304 990 for a copy. It is important that you carefully read and understand the Privacy Policy.

Errors and complaints

If you have reason to believe that an error has occurred in relation to your eCard, you should call 1300 304 990. Any complaints about goods or services purchased with a eCard must be resolved directly with the relevant Participating Retailer.

Force majeure

To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

Applicable law

These Terms of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute arising from your receipt or use of a eCard is exclusively subject to the jurisdiction of the courts of Victoria, Australia.

Contact us

For all your eCard enquiries, contact -

Telephone:

1. Within Australia: 1300 304 990
2. Outside Australia: +61 3 9093 1123
3. Available hours 7am – 11pm, 7 days a week.

Post:

1. Please send written correspondence to:
2. Coles Group eCards
3. GPO Box 5342
4. Melbourne VIC 3001

For your security, please do not include on any email personal details about your eCard, including your Card Number or Access PIN.