1. Each enterprise carrying on business at each Harvey Norman, Domayne and Joyce Mayne complex, under a name or style including the words “Harvey Norman”, “Domayne” or "Joyce Mayne" is operated by an independent franchisee (Franchisee) pursuant to a franchise granted by a subsidiary of Harvey Norman Holdings Limited ACN 003 237 545.
2. Gift Cards are issued by Derni Pty Ltd ACN 002 263 872 (Issuer) and are redeemable for goods and/or services from any Franchisee in Australia.
3. Persons agree to these Terms at the time of purchase of a Gift Card or where persons redeem or attempt to redeem a Gift Card with a Franchisee.
4. Gift Cards hold no value unless activated in the Issuer’s gift card system (System). After activation, gift card holders are responsible for the use and safety of the Gift Card.
5. Gift Cards expire 24 months from date of issue and are not reissued on expiry. Any balance remaining on a Gift Card will not be redeemable after expiry.
6. On presentation of a Gift Card to a Franchisee, the Issuer will procure the Franchisee to provide credit up to the value or balance of the Gift Card as identified on the System, against the purchase price due to the Franchisee. If the purchase price exceeds the value or balance of the Gift Card, the gift card holder must pay the difference using another payment method. No change will be given and any balance of the Gift Card may only be used in whole or part against future purchases.
7. Gift Card balance, transaction history and expiry date may be verified by any Franchisee, and the System will be conclusive evidence of these details.
8. The Gift Card:
(a) may not be used for purchases made online (including from Harvey Norman, Domayne or Joyce Mayne Online, Harvey Norman PhotoCentre Online, Domayne PhotoStation Online, Joyce Mayne Express Photos Online or PrintShop by Harvey Norman), by email, phone or fax, to pay a store or credit account or to purchase goods or services that a Franchisee is not permitted to supply to a person by law;
(b) will be void once the value or balance of the Gift Card has been fully redeemed;
(c) must be presented in unaltered form and without any fraudulent use;
(d) does not allow for cash advances and is not redeemable for cash;
(e) cannot be exchanged for a different brand, denomination or type of Gift Card or another tender, cash or discount;
(f) is issued without alteration and will be immediately void if altered or defaced;
(g) must be treated as cash as it will not be reissued, refunded or honoured if lost or stolen;
(h) will not be reissued, refunded or honoured if found to be faulty or damaged unless the Gift Card is proven to be faulty or damaged due to the fault of the Issuer or a Franchisee;
(i) will not be redeemable if presented to a Franchisee by a person other than the person whose name the Gift Card has been activated in (original bearer) and where that person is unable to verify to the reasonable satisfaction of the Franchisee that they are authorised to redeem the Gift Card on behalf of the original bearer;
(j) cannot be reloaded; and
(k) at all times, remains the property of the Issuer, and must not be resold or revalued by a party.
9. Gift Card bearers may be required to provide satisfactory proof of identity.
11. The Issuer reserves the right to amend these Terms at any time without notice and the version date will be shown at bottom of these Terms.
12. To the extent permitted by law, the Issuer, the Franchisees 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.
13. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and the non-exclusive jurisdiction of the courts of New South Wales will apply where there is any dispute.
14. Any complaints or enquiries about any goods or services purchased with a Gift Card may be resolved with the Franchisee where the goods or services were purchased.
PRIVACY NOTIFICATION – GIFT CARDS
1. Your personal information is being collected by Derni Pty Limited A.C.N. 002 263 872 (referred to in this document as "Derni", "we", "our" or "us").
2. The Privacy Act 1988 (Cth) and Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (the "Privacy Act") imposes obligations on Derni in relation to the collection, security, quality, access, use and disclosure of Personal Information. These obligations are detailed in the Australian Privacy Principles ("APPs").
3. Under the APPs, we are only permitted to collect personal information if it is reasonably necessary for, or directly related to, one or more of our functions or activities.
4. Where you receive a Harvey Norman, Domayne or Joyce Mayne gift card issued by us, Derni may collect certain personal information from you.
5. We will use your personal information collected through this function for the following purposes:
(a) to process orders for gift cards; and
(b) to identify you when you contact us to activate your gift card. (collectively, the "Purposes").
6. We may disclose your personal information to third parties to fulfil one or more of the Purposes. The third parties who we are likely to disclose your personal information to fulfil one or more of the Purposes include Yoogalu Pty Limited (located in Australia), a related body corporate of us.
7. If we are unable to collect your personal information, then we will be unable to fulfil one or more of the Purposes.
8. Our aim is to handle your personal information in accordance with our obligations under the Privacy Act.
11. If you have any questions or queries in relation to the collection of your personal information, you can contact our Privacy Officer on:
Postal address: A1 Richmond Road Homebush West NSW 2140
E-mail address: HNPrivacy.Officer@au.harveynorman.com
Phone: 02 9763-6891
Gift Card Terms: Version 3.0 July 2014