GIFT CARD EXCHANGE

Terms of Use

 

Updated: 20 January 2022

 

GCX Group Pty Ltd ABN 45 644 988 938 trading as Gift Card Exchange ("Gift Card Exchange") is pleased to offer you an opportunity to buy, gift, manage and hold plastic and digital gift cards together with the information hereon, including any ancillary and associated products and services to the gift cards (“Gift Cards”). Gift Card Exchange makes Gift Cards available for purchase via our website and mobile device application (the “Website and App”).  

Please read this document carefully because these Terms of Use (“ToU”) describe the legally binding agreement between you and Gift Card Exchange on which we offer you access to the Website and App, including the Website and Apps provided by our independent third-party providers. Please do not use the Website and App if you do not agree to these ToU or are under the age of 13.  

Gift Cards purchased on the Website and App are valid for use within Australia. Please refer to each individual participating retailer’s (“Retailer”) terms and conditions to determine the use of a particular Gift Card when outside Australia.

Your purchase of any Gift Cards through the Website and App is governed by these ToU and your use of the Website and App is governed by our Terms of Sale. We reserve the right to change or modify these ToU at any time at our sole discretion. We strongly advise you to review these ToU each time you make a purchase from Gift Card Exchange so as to ensure that you understand the ToU applicable to your purchase of Gift Cards. 

Gift Card Exchange reserves the right to, at any time: 

  • amend, update, change or remove any part of the Website and App; 
  • suspend or restrict your access to the Website and App if you are in material breach of these ToU; and/or 
  • stop or suspend the operation of the Website and App.

Once purchased and activated, Gift Cards can be used with your chosen Retailer. These Retailers are external to Gift Card Exchange and offer their goods and services under their own individual terms and conditions. Gift Card Exchange is not responsible for the products, product information or services of Retailers. you acknowledge and agree that when you purchase a Gift Card of a Retailer through our Website or App, you will be transacting directly with that Retailer once the Gift Card is activated and utilised. Gift Card Exchange is not a party to the transaction. As a result, Gift Card Exchange does not control aspects of the transaction including the listing content and accuracy or the quality, shipping and delivery of the goods and services purchased. Gift Card Exchange is not a party to transactions that occur between you and the Retailers other than as the Seller of the Gift Cards. 

Should you have any queries relating to these ToU, please contact us at [email protected] 

 

YOUR LEGAL RIGHTS 

Your use of the Website and App will be subject to certain laws including, without limitation, the Australian Consumer Law. Nothing in these ToU shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.  

 

COOKIES 

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Gift Card Exchange uses cookies to gather data in relation to this website. you may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website. 

 

VIRUSES 

You must take your own precautions to ensure that the process which you employ for accessing the Website and App do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Gift Card Exchange will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website and App. 

 

THIRD-PARTY WEBSITES 

The Website and App contain links to websites owned and controlled by third parties (“Third-Party Websites”). We are not responsible for any content, privacy or other practices of Third-Party Websites nor do we endorse or approve those Third-Party Websites. If you choose to visit Third-Party Websites you do so at your own risk and should make your own enquiries before relying on any content you view there. Gift Card Exchange takes no responsibility for any loss, damage or harm that may be incurred as a result of your use of the Third-Party Websites. 

Gift Card Exchange makes no representations that Third-Party Websites do not infringe anyone's Intellectual Property Rights. 

 

A GIFT CARD EXCHANGE ACCOUNT 

These ToU are a contract between you and Gift Card Exchange. To create a Gift Card Exchange account you must live in the Australia and be at least 13 years old. By creating a Gift Card Exchange account you will be deemed to have read, understood and agree to be bound by these ToU. If under the age of 18, you may only create a Gift Card Exchange account if a legal guardian registers it for you and agrees to be bound by these ToU. 

For those creating a Gift Card Exchange account, you must meet and provide the following: 

  • name;
  • mobile phone number; 
  • email address; 
  • password; 
  • only create a single account; and 
  • keep all account information confidential and secure at all times.

From time to time, Gift Card Exchange may require further information such as your date of birth, or your post code, to help facilitate transactions or to help secure your account.

The Website and App are free services and you must be responsible for any use of your account, whether or not you have authorised such use. All information provided to Gift Card Exchange must be true and accurate and kept up to date, within a reasonable timeframe, should it change. 

It is mandatory that the name of the Gift Card Exchange account holder is the legal owner of the mobile phone number provided to open that account.

By signing into Gift Card Exchange and creating an account, any misleading, inaccurate or false personal information will result in Gift Card Exchange reserving the right to de-activate your account and ban you from using our service in the future.

Please notify us at help@giftcardexchange.com.au should you suspect your account has been hacked or otherwise been used in an illegal or unauthorised manner. 

 

SECURITY 

All Gift Card Exchange account holders should use PIN or password security on their mobile devices. Gift Cards can function in a manner similar to cash and adding PIN or password security on their mobile devices, together with the PIN required to get into your Gift Card Exchange account, will help to ensure you are protected against many forms of risk associated Gift Cards, such as a mobile device lost or stolen. Should your mobile device be lost or stolen, please contact us at help@giftcardexchange.com.au as soon as possible. We can subsequently put a hold on any Gift Cards on your account. However, we can only protect unused balances of Gift Cards and not any balance that has already been spent. 

For the protection of your Gift Card balances, Gift Card Exchange: 

  • operate a secure Website and App; 
  • utilise third-party PCI compliant payment processors; and
  • do not hold any financial information.

 

MANAGING GIFT CARDS 

Any Gift Card purchased will firstly appear in your Gift Card Exchange account’s digital wallet (“GCX-Wallet”) and subsequently, should you gift it, that Gift Card appears in the GCX-Wallet of the recipient. Via this GCX-Wallet, which can be viewed on the Website and App, you will be able to manage all your Gift Cards. 

The Website and App functionality to assist you to manage your Gift Cards includes:  

  • Buying a Gift Card for yourself and buy a Gift Card for a friend; 
  • enabling you to include a personalised message. Such messages must not breach our ToU, otherwise a replacement message may be included by Gift Card Exchange; 
  • enabling Gift Cards to be delivered at both a time and date pre-selected by you. Selection times are based on Australian Standard or Summer Times; and
  • allowing you to send notifications of Gift Card gifts that can be delivered to the recipient’s email or to their mobile device. Please ensure the recipient has internet access in regard to the delivery method you have chosen, not forgetting that mobile devices and networks can experience battery, heavy traffic, poor connection and other issues from time to time, none of which Gift Card Exchange can control.

Please take care when providing your recipient’s email address or mobile number (for digital Gift Cards) as Gift Card Exchange is not responsible for Gifts Card lost when they are sent to the wrong email or mobile device.  

When you send a digital Gift Card to a recipient, Gift Card Exchange will notify you when the recipient accepts the Gift Card. 

Should the recipient say they have not received any email notifying them of their Gift Card, ask the recipient to check their junk mail. Please contact us at help@giftcardexchange.com.au should you have any further difficulties. 

Should you have chosen an incorrect email address or mobile number, please navigate to your purchased cards in your wallet and refer to the purchased Gift Cards. If the Gift Card has not been accepted by the Recipient, you will be able to re-send the Gift Card by putting in the correct details. If an error has occurred, Gift Card Exchange will use its best endeavours to cancel, re-issue your Gift Card and direct it to the email address or mobile number that you were intending. 

 

GIFT CARD EXCHANGE - EXCHANGE CARD 

Gift Card Exchange’s Exchange Card is designed for users to buy and send digital Gift Cards only. When a Gift Card Exchange account holder purchases an Exchange Card, they are able to gift it in the same manner as any other Gift Card. However, the recipient is able to choose to switch it, partially or wholly, into one or more of any Retailer’s gift cards (“Switch”) on the Website and App. The holder of an Exchange Card is able to Switch the Gift Card themselves, whether they are the original purchaser of the Exchange Card or the recipient. 

As with Gift Cards, the Exchange Card is valid for 3 years. Please ensure you Switch your Exchange Card to one or more Gift Cards and activate that Gift Card(s) during this 3 year period. Once activated, the Gift Card Terms and Conditions are set by the Retailers, so please familiarise yourself with the relevant Retailer’s Terms and Conditions before you Switch.  

Once an Exchange Card has been Switched, or part thereof, it cannot revert back to an Exchange Card. Please also see our Refund Policy in our Terms of Sale. 

 

GIFT CARD EXCHANGE – GCX-WALLET 

All Gift Cards purchased will be automatically stored in your Gift Card Exchange account, within your GCX-Wallet. This GCX-Wallet is where you can use your Gift Cards, manage them and check unused balances. Please note, once a Gift Card is activated, Gift Card Exchange does not warrant the accuracy of GCX-Wallet displayed Gift Card balances. 

 

GIFT CARD BALANCES 

Once a Gift Card is activated and stored in your Wallet, Gift Card Exchange does not warrant the accuracy of any displayed Gift Card balances. We will endeavour to provide you with automated process to check your card balances or forward you to the Retailer’s website to acquire a card balance. Not all retailers are able to provide Gift Card Exchange with automated balance checks on Gift Cards. 

 

SHIPPING & DELIVERY Policy 

Gift Card Exchange ships plastic Gift Cards Australia wide however, at the present time we do NOT accept international orders through our Website, App or Corporate platforms. Please contact us at [email protected] to inquire about a special order.  

We deliver plastic Gift Cards using Australia Post. Shipping costs are noted on our Website and App and will be added to the order total before checkout. Delivery by Express Post will be an additional cost. Orders are dispatched within 2 business days. Shipping times are estimated at between 2 and 10 business days, typically 3 to 4 business days, depending on your location.  

 

Delivery of DIGITAL GIFT CardS

All digital Gift Cards are delivered to the recipient by either SMS or email or both. The date of delivery is determined by the purchaser. Gift Card Exchange will endeavour to deliver the Gift Card on the date chosen by the purchaser. If immediate delivery is chosen, Gift Card Exchange will endeavour to deliver the card within 15 minutes of the purchase. Gift Card Exchange cannot guarantee the delivery date chosen by you. 

 

USING GIFT CARDS 

If purchasing with a digital Gift Card, your card will be stored under ‘My Cards’ in your GCX-Wallet. Tap on the logo of the retailer, this will display all information relating to the Gift Card including the barcode. To use the card, scan the barcode in the Retailer’s POS system. If a PIN is required, highlight the PIN number, and use it to finalise your purchase.  

Where optical scanners are not present, a checkout cashier may be required to enter your barcode number to finalise the purchase. Finally, you have the option to take a paper printout to the Retailer’s store and present it at purchase.

Some Retailers are not set up to enable gift cards, regardless of the source, to be used for purchases on their websites. Therefore, we recommend you check each Retailer’s online Terms and Conditions you are considering buying from. 

 

CANCELLATION BY GIFT CARD EXCHANGE 

Gift Card Exchange may cancel any order (in full or part) where: 

  1. you are in breach of your payment obligations; 
  2. there has been a genuine pricing or product description error; or 
  3. where the transaction is suspected of being the subject of credit card or payment-related fraud. 

The Seller will refund any amount already paid in respect of any cancelled order.  In the case of part cancellation of an order, a refund will be provided on the amount paid that relates to the cancelled portion of the order. 

 

DELETE CARD 

When you have fully utilised your Gift Card, or the Gift Card has a small balance, the owner of the Gift Card has the option to delete it, via the Website or app. Should you accidentally delete your Gift Card, please contact us at  help@giftcardexchange.com.au. 

 

EXCLUDED ACCOUNT HOLDERS 

By creating a Gift Card Exchange account, you are deemed to have warranted that you are not listed by the Australian Government as a prohibited or restricted party or located in a country that is either subject been designated as a “terrorist supporting” or otherwise embargoed by the Australian Government. 

 

COPYRIGHT & TRADEMARKS 

The Website and App and its contents are subject to copyright. The copyright is owned by GCX Group Pty Ltd, or in the case of some material, third parties. This content is the proprietary property of GCX Group Pty Ltd and is protected by the Australian intellectual property legislation and the common law. 

You may view the Website and App and any contents, using your web browser and electronically copy and print hard copies of parts of the Website and App and contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth), or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited. 

“Gift Card Exchange” is a registered business name. Nothing contained on the Website and App shall be construed as granting any licence or right to use any trademark displayed on the Website and App.  Without the prior written consent of GCX Group Pty Ltd, none of its intellectual property may be copied or otherwise used in whole or part. The copyright and trademarks of any other service providers on the Website and App cannot be used without the permission of the relevant holder. 

You acknowledge and agree that in the event of any third-party claim the Website and App, or your possession and use of it, infringe that third-party’s intellectual property rights, Gift Card Exchange will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required under these ToU. 

GCX Group Pty Ltd will terminate the accounts of purchasers who breach these ToU. 

If you find content on this website which you think infringes your intellectual property rights or is in breach of these ToU, please contact us at help@giftcardexchange.com.auIn the email please specify the following information: 

  • your name, address and phone number; 
  • your contact email address; 
  • information to allow us to find the relevant content on our Website; 
  • a description of the item or items that you believe is in breach of your intellectual property rights or these ToU, and the reasons for this; and 
  • where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

 

ACCOUNT HOLDER MATERIALS 

Should any part of the Website and App allow you to submit materials (including links to third party content) which can be accessed and viewed by the public, you acknowledge and agree that: 

  • you will only publish materials that are your original content of which you are the sole author and owner, or you have obtained all consents and licences from third parties necessary for the submission and display of your materials on the Website and App and the grant of the licences by you to Gift Card Exchange under these ToU; 
  • Gift Card Exchange, or its officers, directors, agents, related bodies corporate, employees and third-party service providers, have any obligation to keep confidential any part of your materials; 
  • the submission and display of your materials on the Website and App, is not in breach of any applicable laws; 
  • you will not post, link to or otherwise publish any materials containing any form of promotion, advertising, spam or other form of unsolicited communication; 
  • you will not post or transmit any materials that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website and App or any computer software or equipment; 
  • your materials shall not contain any false, inaccurate, misleading, deceptive, invasive to privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful material; 
  • you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to GCX Group Pty Ltd to use and display your materials on the Website and App, including to modify, adapt, publish, create derivate works from, sell and distribute them, without any compensation to you; 
  • the use by Gift Card Exchange of your materials in accordance with the licences granted by you to Gift Card Exchange under these Terms of Use will not breach any third party’s rights; and 
  • Gift Card Exchange has no responsibility for your materials and you agree to indemnify GCX Group Pty Ltd (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by Gift Card Exchange (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your materials (including any breach of these ToU by you or your materials).

By submitting your email address (or any other contact details) in connection with your materials, you agree that Gift Card Exchange and its third party service providers may use your email address (or other contact details) to contact you about your materials and as otherwise set out in Gift Card Exchange’s Privacy Policy.

To the extent your materials includes a question or query, you acknowledge that Gift Card Exchange may answer your question or query solely in its own discretion, nevertheless is not under any obligation to answer. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

To the extent that your materials includes a rating or review of any Gift Card Exchange product or service, by submitting your materials, you further represent and warrant to Gift Card Exchange that: 

  1. you are a bona fide user of that product or service and the rating or review reflects your honest opinions, findings and experiences; 
  2. save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and 
  3. save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review. 

 

ACCOUNT HOLDER CONDUCT 

In regard to the Website and App, you are solely responsible for your conduct and the conduct of anyone who uses your Gift Card Exchange account. Further, if using the Website and App, you agree that you will not permit anyone using your account to conduct any of the following: 

  • Use the Website and App in a manner that could potentially interfere with, modify, disrupt, hack, negatively affect or inhibit other users from full enjoyment of the Website and App or that could damage, disable, overburden or impair the functionality of the Website and App in any way inconsistent with the ToU; 
  • Use the Website and App for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity; 
  • Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose; and 
  • Avoid or attempt to avoid any security measures designed to protect the Website and App or third-parties.

In your use of the Website and App, you agree, at your own expense, to defend, indemnify and hold Gift Card Exchange and our service providers from any legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by or arising out of your use of the Website and App, your violation of these ToU or any content you upload or transmit through the Website and App. 

Any breach of these and any other ToU may result in termination of your account and the prohibition of setting up any further accounts. At all times, the Website and App will be used at your own risk. 

 

DISPUTES 

Should you have any issues with your Gift Card, or our Website and App, please contact us at [email protected] so that we can address the matter and take any measures to rectify the issue as quickly as we can.  

Should you dispute a payment, Gift Card Exchange will, in conjunction with your bank and our payment gateway provider, gather all supporting evidence about the transaction, like receipts, invoices, email correspondence, proof of purchase, etc, and review your complaint. We may require additional information or documents, including any such things required by your bank. Under these ToU you must cooperate with all requests in a reasonably timely manner. 

Once Gift Card Exchange has gathered all relevant information and documents, it will on-send them to the payment gateway that processed your purchase and deal directly with your bank. It’s up to the bank to resolve any dispute and it can take up to 90 days for them to inform us of their decision.  

Please note that in the event your actions involved in your complaint that violate the Gift Card Exchange’s Terms of Sale, these ToU or any and all applicable governmental laws or regulations, we will dismiss your complaint and may take action to procure a judgment against you, at our sole discretion.  

Gift Card Exchange has no obligation to resolve any dispute between you and the recipient of your Gift Card.  

 

SECURITY POLICY 

When purchasing from Gift Card Exchange, card details are transmitted through an application programming interface. Card details are hosted by payment gateways after processing, not Gift Card Exchange.  

 

 

GENERAL DISCLAIMER 

You acknowledge and agree that, except to the extent required by law: 

  • The Website and App and its contents are provided to you on an "as is" basis and that Gift Card Exchange makes no representations or warranties of any kind as to the operation or availability of the Website and App or the information, content or materials included on them, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; 
  • information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current;  
  • Gift Card Exchange is an environment providing account holders access to the gift cards of many Retailers. As such, we are not responsible for the creation or redemption of gift cards provided by those Retailers, nor can we be held responsible for transactions on Third-Party Websites. Our use of third-party logos and trademarks in no way constitutes an affiliation between Gift Card Exchange and a third party;
  • Gift Card Exchange does not warrant that the functionality of the Website and App will be accurate or meet your requirements, or that the operation of the Website and Apps will be uninterrupted or error-free; and 
  • Gift Card Exchange is not liable for any loss suffered by you in connection with the unavailability of the Website and App and/or its use, or any linked website, including any indirect, consequential, or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information. 

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. 

 

LIMITATION OF LIABILITY 

Gift Card Exchange will not be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Website and App and content contained, including but not limited to Gift Cards, third party services and/or materials, however caused. 

 

APPLICABLE LAW 

These ToU are governed by the laws of Victoria, Australia. Any disputes arising in connection with these ToU are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Gift Card Exchange makes no representation or warranty that the content of the Website and mobile App complies with the laws of any country outside Australia. If you access our platforms from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access our platforms. 

 

TERMINATION 

Use of your Gift Card Exchange account will be at the sole and absolute discretion of Gift Card Exchange. We reserve the right to change, suspend, discontinue or disable access to the Website and App at any time and without notice. In no event will Gift Card Exchange be held liable for the removal of or disabling of access to any part or feature of the Website and App. 

 

SEVERABILITY 

If any provision of these ToU is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these ToU and shall not affect the validity and enforceability of any other provision of these ToU. 

 

WAIVER 

Enforcement of these ToU is solely at Gift Card Exchange’s discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances. 

 

ASSIGNMENT 

Gift Card Exchange can assign these ToU and its rights or delegate its obligations without your consent. All provisions contained in these ToU shall extend to and be binding upon you and Gift Card Exchange’s successors and assignees. You may not assign these ToU to another person or entity. 

 

PRIVACY POLICY 

We respect and value your personal data and privacy at Gift Card Exchange. Gift Card Exchange’s policy on the collection, use and disclosure of customers’ personal information is set out in our Privacy Policy which can be found on the Website and App and are incorporated in these ToU by reference. 

 

CONTACT 

Should you have any questions or concerns regarding these ToU of the website and mobile App, or require assistance, please contact us at [email protected] or:

GCX Group Pty Ltd, trading as Gift Card Exchange

Company Registration Details:
 

ACN: 644 988 938

ABN: 45 644 988 938

 

Postal Address:

P.O. Box 323, SANDRINGHAM VIC 3191

Website: www.giftcardexchange.com.au

 

Main Office Number:

+61 (0)3 8397 7277  |  [email protected]

Customer Support Number:

+61 (0)3 8397 7277  |  [email protected]