Gift Card - Conditions of Use
Gift Cards Online Purchase Terms and Conditions
Current as at 04 May, 2021
By placing an order for purchase of Physical or Digital Gift Cards via this website ("Order"), you are agreeing to the terms and conditions set out below.
A reference to a:
- Physical Gift Card means a Wearever Australia gift card that is in a plastic, hardcopy form;
- Digital Gift Card means a Wearever Australia gift card that is available through the Wearever Australia website and used through a mobile wallet provider on a compatible mobile device; and
- Gift Card means either a Physical Gift Card, Digital Gift Card or both, as relevant to the context.
Gift Cards General
- Digital Gift Cards are subject to the Digital Gift Card Terms and Conditions, which are listed below.
- Your Gift Card will expire 3 years from the date of purchase of gift card.
- Once accepted, each Order represents a separate Agreement incorporating the terms of that Order, including these terms and conditions and either the Gift Card Use Terms and Conditions or Digital Gift Card Terms and Conditions, as applicable. In the event that there is a conflict between these terms and conditions and the Gift Card Use Terms and Conditions or Digital Gift Card Terms and Conditions, either the Gift Card Use Terms and Conditions or Digital Gift Card Terms and Conditions, as relevant to your Gift Card, will prevail to the extent of the inconsistency.
- You may place an Order by following the instructions on the Website. Your Order will be submitted when you complete your payment details and indicate your acceptance by activating the "Pay Now" button. Orders will be deemed to have been received and accepted by us at the time we send an Order confirmation to your nominated e-mail address.
- Digital Gift Cards purchased online are delivered via email directly to the nominated recipient and will require provisioning through the Wearever Australia in order to add to the Apple or Google wallet. A recipient email must be provided at the time of ordering and a delivery date selected to enable the delivery of a Digital Gift Card. In order to redeem a Digital Gift Card, the recipient must first agree to the Wearever Australia Terms and Conditions which include the Terms and Conditions for Westfield Digital Gift Cards and are available in the Wearever Australia and on the website. Refer to our FAQs for more information on how to provision a Wearever Australia Gift Card.
- We reserve the right to not accept Orders, including those for commercial quantities of Gift Cards. If we are unable to supply your total Order, we will endeavour to contact you to discuss whether you wish to proceed with the part of the Order.
- We reserve the right to cancel any Order at any time, without notice, for any reason.
- If you wish to cancel an Order, you must immediately notify our Customer Support team via email@example.com, quoting the order number. Orders that have already been processed cannot be cancelled. Where possible, we will endeavour to process cancellation requests and provide you with a refund, but we will not be liable, to the extent permitted by law, for any failure to do so.
- You acknowledge that the internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available; Digital Gift Cards may fail to be delivered within advised or expected timeframes; or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility to the maximum extent permitted by law. We do not warrant and cannot ensure the security of any information transmitted, or a person on your behalf transmits, to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk and we are not responsible while such information is in transit. The Australian Government has published additional information here about protecting yourself in online transactions (that website is not operated by us).
Video and photo messaging content
- You agree that you are fully responsible for any messages, recordings, music, sound and images or other content (Content) you submit to us in connection with our Gift Cards. We are not liable in any way for such Content to the full extent permitted by law. We may remove any Content without notice for any reason whatsoever. You warrant and agree that:
- a) you will not submit any Content that is unlawful or fraudulent, or that we may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for persons under the age of 16, or otherwise unsuitable for publication;
- b) you will obtain prior consent from any person or property that appears in your Content;
- c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, its uses and terms;
- d) your Content does not contain viruses and will not cause injury or harm to any person or entity; and
- e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
- Without limiting any other terms, you agree to indemnify us for any breach of clauses 17-18 and further acknowledge and agree that you have no rights, title or interest in our name, trademarks or logos.
- Payment for Orders is to be made by a valid credit card. In addition to these methods, if you are a corporate customer using our Corporate Gift Card site or Corporate Portal, you may also pay using a direct deposit.
- Where you have elected to pay for your Order using a credit card, we will process payment for your Order once you click on "Pay Now", plus any delivery charges, and service fees as itemised on the final screen which indicates your acceptance of this contract (Total Amount) using your nominated credit card via a secure payment gateway. You authorise us or our third party provider to debit the Total Amount from your nominated credit card. If your nominated credit card is declined by your financial institution, we will not be required to fulfil the Order, and may contact you to make alternative payment and delivery arrangements. In the case of a Digital Gift Card, Indue as the issuer of the Digital Gift Card is not responsible for your funds until the recipient is sent an email from Westfield with a link to a Digital Gift Card.
- We may decide at any time not to accept payment from you for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We will not process any Order until the payment has been received and will not be liable for any delay from banking delays or misdirected payments.
Delivery, risk & title
- All Orders are delivered via Australia Post, Toll DX or Toll Priority to a nominated residential or business address. Gift Cards cannot be delivered to a P.O Box or Locked Bag address. Australia Post, Toll DX and Toll Priority are sub-contracted to us for carrying out delivery of Gift Cards ordered online. Any issues regarding delivery of Gift Cards should be referred to our Customer Support team by emailing firstname.lastname@example.org.
- You acknowledge that we cannot guarantee on time delivery and delays may occur.
- Digital Gift Cards are available for delivery to any valid email address. Any issues regarding delivery of Digital Gift Cards should be referred as soon as possible to our Customer Support team by emailing email@example.com.
- We will endeavour to deliver your Digital Gift Card on your nominated date, however all Orders are subject to security checks and funds being received in full. You acknowledge that this process may take up to 2 business days and delay delivery.
- To the maximum extent permitted by law, we will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery or for any lost or misdirected Gift Cards, including any Gift Cards lost or misdirected in the mail or electronically or where the incorrect delivery address or email address is provided at the time of purchase.
- Subject to payment, property and risk in the Gift Card passes to you upon dispatch of the Gift Card to your nominated delivery address or email account.
- You acknowledge and agree that by providing us with any personal or proprietary user information through the website or by any other means, you consent to the transmission of such personal or proprietary user information to us and relevant third parties, as necessary, for processing and activating your Order.
Additional information - Digital Gift Card orders only
- You acknowledge and agree that the use of a Digital Gift Card remains subject to any terms and conditions of Apple Pay and Google Pay.
- You agree that:
- a) Wearever Australia and Indue may exchange information with Apple related to the set up and use of Apple Pay and a Digital Gift Card. By using Apple Pay, You agree that:
- Apple can provide Westfield and Indue with information, such as the recipient’s Apple device details, for purposes including providing customer support, detecting and managing fraud, and to comply with applicable law and regulations; and
- You must agree to Apple Pay terms and conditions in order to register Your Digital Gift Card and use it with Apple Pay.
- We may exchange information with Google and service providers related to the set up and use of Google Pay and a Digital Gift Card. By using Google Pay, You agree that:
- a) Google can provide Westfield and Indue with information, such as the recipient’s Android device details, for purposes including providing customer support, detecting and managing fraud, and to comply with applicable law and regulations; and
- Wearever Australia may collect, and provide to Google, aggregated and anonymised reports regarding Google Pay for the purpose of improving Wearever Australia’s services.
- You must agree to Google Pay terms and conditions in order to register a Digital Gift Card and use it with Google Pay.
- Apple Pay or Google Pay may change, discontinue or suspend any or all functionality of its payment platform. Wearever Australia is not responsible or liable for such service disruptions or terminations as they relate to the receipt, activation and use of a Digital Gift Card.