Gift Cards Terms of Use

 

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 of Use

1. 1.1 You agree to these Terms of Use when you purchase, activate, redeem, enquire or attempt to use a Gift Card.
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 Gift Cards 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 of Use, including the expiry date.

2. Purchase of Gift Card

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

3. Redemption of Gift Card

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

4. Expiry Date

1. 4.1 A Gift Card expires 24 months from date of issue.
2. 4.2 Any balance remaining on a Gift Card after the expiry date will not be able to be redeemed by the gift card holder.
3. 4.3 A Gift Card cannot be re-activated at any time.

5. Exclusions

1. 5.1 A Gift Card presented in altered, fraudulent or defaced form will not be able to be redeemed by the gift card 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 Gift Card on behalf of the original purchaser or the person named in the System.
3. 5.3 A Gift Card 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 Gift Card cannot be redeemed for goods and services from Harvey Norman stores operating outside Australia.
5. 5.5 A Gift Card cannot be reloaded, and cannot be used for cash advances or redeemed for cash.
6. 5.6 A Gift Card cannot be exchanged for a different brand, denomination or type of Gift Card.
7. 5.7 A Gift Card 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 Gift Card 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) or Joyce Mayne (www.joycemayne.com.au);
   (b) 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 Gift Card.
3. 6.3 Where a Gift Card has an Access Pin, the Access Pin must be provided to gain access to the card information.

7. Lost and Stolen Gift Cards

1. 7.1 A Gift Card must be treated as cash as it will not be reissued, refunded or honoured if lost or stolen.
2. 7.2 A Gift Card will only be reissued, refunded or honoured where the Gift Card 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 Gift Card holders are responsible for the use and safety of their Gift Card 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 Gift Cards 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 and are used under a license by each Franchisee. Any use of these trade marks by any third party is strictly prohibited without the prior written consent of Harvey Norman Retailing Pty Ltd.
2. 9.2 Gift Cards 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 Gift Card holder may be required to provide proof of identity.
2. 10.2 Personal information may be collected by the Issuer or Franchisee at the time of purchase or redemption of a Gift Card. The Privacy Act 1988 (Cth) imposes obligations on the Issuer and 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 of Use 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 Gift Cards, 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 Gift Card, they should contact the relevant Franchisee where they purchased the goods or services.

Gift Card Terms of Use Version 5.2 February 2017