Terms of Sales

GIFT CARD EXCHANGE

Terms of Sale

 

Updated: 17 December 2023

 

You, as the purchaser of gift cards from GCX Group Pty Ltd ABN 45 644 988 938 trading as Gift Card Exchange (“Gift Card Exchange”), agree to be bound by the following Terms of Sale (“ToS”) effective from the time of your purchase. Should you not agree to any of these ToS, please do not make any purchases from Gift Card Exchange.

Gift Card Exchange make plastic and digital gift cards, printable gift vouchers and associated products and services (collectively “Gift Cards”) available for purchase via our website and mobile device application (the “Website and App”). These Gift Cards, including via our own “Exchange Card” (see further details below), offer access to a range of participating third-party retailers’ (“Retailers”) gift cards.

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

Should you have any queries in relation to these ToS, please contact us at [email protected].

 

YOUR LEGAL RIGHTS

Your purchase of Gift Cards will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Gift Cards must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the Gift Cards will correspond with any relevant description. Nothing in these ToS 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.

 

USE OF WEBSITE & APP

You may only use the Website and App for personal purposes unless Gift Card Exchange provides express written consent to the contrary. Your use of the Website and App is governed by the terms of use for our Website and App, which are set out in Gift Card Exchange’s Website and App “Terms of Use”.

 

THIRD PARTY WEBSITES

Gift Card Exchange’s Website and App contain links to Websites controlled by third parties (third party Websites). We are not responsible for any content on third party Websites nor do we endorse or approve those 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 makes no representations that third party Websites do not infringe anyone's Intellectual Property Rights.

 

GIFT CARD PROMOTIONS

From time to time we may offer other special promotions intended to provide you an incentive to purchase Retailer Gift Cards and/or to encourage you to get others to do so. Offers may be made via our own platforms, as well as other public media separately or concurrently. The applicable rules will be posted on the Website and App in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

Promotions and other offers will be available until a predetermined date, which will be published with the promotion’s applicable rules, or until cancelled at Gift Card Exchange’s sole discretion. At the time any promotion reaches its predetermined lapse date, or is cancelled at Gift Card Exchange discretion, all further participation in that promotion will end, including any items in your Shopping Bag or otherwise pending.  

 

GOOD FAITH AND FAIR DEALING

When selling Gift Cards or running competitions and other promotions, Gift Card Exchange will be governed by the fundamental principles of good faith and fair dealing and will apply that same standard if assessing the actions of any Gift Card purchaser or competition / promotions entrant. Should Gift Card Exchange, at its sole discretion, deem a purchaser or entrant to have breached the principles of good faith and fair dealing, Gift Card Exchange may apply its discretions under the “Cancellation of Orders” clause below.

 

GIFT CARD AVAILABILITY

Gift Cards are subject to availability and, whether before or after purchase, Gift Card Exchange reserves the right to impose quantity limits on any purchase in whole or part.

As a security measure for your protection, Gift Card Exchange limits single day purchases of multiple Gift Cards to $5,000. Should this prove inconvenient, call us during business hours on +61 (0)383977277 or send an email to [email protected] leaving a contact phone number if possible.

Individual Gift Card face values are subject to change without notice, with changes set out on our Website and App as they are made. Gift Card minimum and maximum values will typically be determined by the Retailers that the purchaser or recipient has chosen and are typically from $10 to $500 and can be as high as $4,999. Certain Retailers also limit denominations between their minimum and maximum amounts. 

Gift Cards purchased through Gift Card Exchange are only available for use within Australia.

 

PRICING & TAXES

  1. Prices for Gift Cards are as shown on the Website and App.
  2. Gift Cards are inclusive of GST.
  3. Purchasers must be aware that Retailers reserve the right to change their goods and services prices at any time without notice to you.
  4. In addition to the price for the Gift Card, you will also need to pay the listed delivery charge, including international delivery charges if applicable. This is not applicable to purchases of digital Gift Cards. Any delivery charge will appear in your shopping cart.
  5. All prices and delivery charges quoted are in Australian dollars and are inclusive of GST.
  6. Gift Card Exchange reserves the right to charge / pass-on to the purchaser any merchant fees associated with the purchaser’s use of credit or debit cards.

 

RETAILER TOS AND LIABILITY

Gift Cards that you purchase and activate through our Website and App are issued by Retailers and their affiliates. Your purchase of each Gift Card is governed by certain terms and conditions established by the issuing Retailer in addition to these ToS. Please review each Retailer’s terms and conditions prior to the purchase of any Gift Card. If you have questions regarding each Retailer’s terms and conditions, please contact the relevant Retailer(s), that are fully responsible for all matters relating to their gift cards. Due to this direct responsibility, these Retailers are responsible for all liabilities and costs suffered by you or any other party caused – directly or indirectly – by the Retailer for their products and services you acquire with their gift cards.

Notwithstanding that Gift Card Exchange seeks only to work with reliable and reputable Retailers, we do not take on any responsibility or liability for Retailer products or services provided to you and cannot solve any disputes you may have with them.

Upon the activation of your Gift Card with a specific Retailer, you waive and release Gift Card Exchange and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of that Retailer.

 

GCX+

General

GCX+ is Gift Card Exchange’s member loyalty program. To become GCX+ members, Gift Card Exchange account holders must sign up to GCX+ using their existing login details.

General

  1. To join GCX+ you first need to have a Gift Card Exchange account.
  2. Joining is free and GCX+ members are subject to the following ToS, which should be read carefully together with the other ToS herein, as well as Gift Card Exchange’s Terms of Use.
  3. GCX+ cards are not credit, debit or charge cards.
  4. If you join GCX+, you agree and consent to receiving communications from us via email, SMS and push notifications (unless you have opted out).

Benefits

Once signed up, GCX+ members get a range of benefits, including:

  1. having access to additional premium brands, with these exclusive brands identified by the attached GCX+ logo;
  2. earning instant points whenever you purchase a gift card or Credit on Gift Card Exchange’s platform;
  3. accumulate unlimited points for use on any of the brands on offer to GCX+ members;
  4. points have no expiry term or expiry date;
  5. when a new customer signs up to become a GCX+ member they receive 500 free points. However, before the 500 free points can be used to purchase gift cards in their GCX+ account, the new customer must spend enough to earn 600 points;
  6. benefits offered to GCX+ members change from time to time. We publish the details of any change in benefits offered on Gift Card Exchange’s website. Make sure that you check those pages from time to time so that you know what Benefits may be available to you (note - if we make changes to your benefits, we will provide advance notice to allow you to redeem any benefits currently available before any change takes effect); and
  7. on the My Points page, GCX+ members have the option to have Gift Card Exchange automatically convert your points, in increments of $10.00 (1,000 points), into credits.

How Are Points Calculated

  1. For every $100 you spend, you receive 140 points.
  2. Unfortunately, you cannot earn points when you use a promo code to receive a Gift Card Exchange discount. The use of a Gift Card Exchange promo code will override the GCX+ membership points that would otherwise accrued from that purchase. Customers are free to assess both offers before choosing to use either the discount code or the GCX+ reward.

Restrictions Applying to the Utilisation of Points

  1. Your membership is not transferable, and you therefore cannot accept anyone else’s membership.
  2. GCX+ points have no cash value beyond their ability to be used to buy Gift Card Exchange gift cards or Credit and cannot be taken or redeemed as cash.

 

EXCHANGE CARD

Gift Card Exchange’s “Exchange Card” is a generic Gift Card, offered on the Website and App, which can be converted into any Gift Card. There is no fee attached to the purchase of an Exchange Card, except for the value chosen by the purchaser relating to the “Exchange Card”.

The Exchange Card is designed for users to buy and either use or gift as a Gift Card, by exchanging it for any Retailer’s gift card available on the Website and App, for an equivalent amount.

The minimum and maximum face value of an Exchange Card is $25 to $2,500. The Exchange Card can be partially exchanged into multiple Retailer gift cards, subject only to Retailers’ minimums and maximums.

The value of the ‘Exchange Card’ will be credited to the account of the Owner/Recipient for future use on any Gift Card offered in our range.

 

IN-MEMORY CARDS

Gift Card Exchange’s “In-Memory Card” is a charitable Gift Card, offered on the Website and App, which is an automated gift to a charity chosen by the purchaser. There is no fee attached to the purchase of an In-Memory Card.

The In-Memory Card is for those wishing to purchase a Gift Card and make a charitable donation. The purchaser selects the charity and nominates a recipient of the In-Memory Card, who is then notified by Gift Card Exchange that a donation has been made on their behalf, to that selected charity. Gift Card Exchange then donates the entire face value of the In-Memory Card, net of any transaction costs and fees incurred by Gift Card Exchange.

The In-Memory Card will be automatically donated to the charity chosen by the purchaser and cannot be redeemed, refunded, or transferred. The minimum and maximum face value of an In-Memory Card is $25 to $2,500. The In-Memory Card can only be used to make donations to the charities listed on Gift Card Exchange’s Website and App.

A tax receipt will be available to the purchaser and will detail the recipient charity.

 

CHARITABLE CARDS

Gift Card Exchange offers charitable Gift Cards on the Website and App. The cards are an automated gift to a charity chosen by the purchaser. There is no fee attached to the purchase of a charitable Gift Card. The purchaser selects the charity and Gift Card Exchange makes the donation to the selected charity. Gift Card Exchange donates the entire face value of the charitable Gift Card, net of any transaction costs and fees incurred by Gift Card Exchange.

The charitable Gift Card will be automatically donated to the charity chosen by the purchaser and cannot be redeemed, refunded, or transferred. The minimum and maximum face value of a charitable Gift Card is $25 to $2,500. The charitable Gift Card can only be used to make donations to the charities listed on Gift Card Exchange’s Website and App.

A tax receipt will be available to the purchaser and will detail the recipient charity.

 

CARD EXPIRY

Gift Card expiries are displayed on our Website and App when a Retail brand is chosen.  Expiry dates are determined by the Retailers and are set upon the Gift Card’s activation. It is your responsibility to ensure Gift Cards are utilised prior to their expiry date. All Gift Cards are valid for a minimum of 3 years, while some Retailers may provide longer periods. Gift Card Exchange is not responsible for Gift Card’s not fully utilised before their expiration date.

The value of a Gift Card Exchange “Exchange Card” will be credited to the account of the Owner/Recipient for future use and this “credit” has no expiry date. Once the Exchange Card has been activated into a Retailer’s gift card, the expiry is determined by that Retailer. Further, once the Exchange Card has been activated into a Retailer’s gift card, the terms and conditions of that Retailer become applicable.

 

DIGITAL GIFT CARD

Digital Gift Cards purchased via our Website and App must be activated before they can be utilised to purchase goods and services with the selected Retailer(s). Gift Cards will be available for activation immediately after they are purchased. Activation is typically done instantaneously, however some Retailers can require additional time for activations. Nevertheless, if your Gift Card either doesn’t appear in your GCX-Wallet or does not activate within 5 minutes, please email us at [email protected]. In rare cases it may take up to 24 hours for activation to occur.

 

PLASTIC GIFT CARD

For security reasons, Plastic Gift Cards purchased via our Website or App are sold un-activated. If your purchased Plastic Gift Card has not been received within 4 business days, please notify us at [email protected]. Upon receiving the Plastic Gift Card, the recipient will need to logon to our Website or App to activate the Plastic Gift Card. The activation will only be complete once the recipient has authenticated their identification.

The Recipient may also choose to upload the plastic Gift Card into their GCX Wallet and use this card as a convenient eCard. In this instance, we recommend the Plastic card be destroyed. Gift Card Exchange takes no responsibility if the details of this Gift Card are compromised.

Once the Plastic Gift Card is activated, all other conditions and requirements within our ToS are applicable and valid.   

 

PAYMENT OPTIONS

Gift Card Exchange’s Website and App, via their Shopping Carts, accept a variety of forms of payments, including credit and debit cards, PayPal, and AzuPay. Unless otherwise indicated, Gift Card purchases are billed at the time of purchase.

Gift Card Exchange uses industry compliant payment processors and we do not hold your payment information. As per industry norms, any payment transactions that are unverified, invalid or otherwise unacceptable, will automatically lead to the suspension or cancelled of that transaction. Gift Card Exchange will pass on any payment processing fees that may apply, where payment transactions fail through no fault of ours.

 

AVAILABILITY / DELIVERY OF GOODS

Gift Card Exchange is not responsible for the level of stock carried, or not carried, by the Retailers when you are seeking to make purchases with Gift Cards or for any part of the subsequent delivery and condition of the goods and services once purchased.

 

RE-ISSUE – GIFT CARDS

A re-issue of faulty or damaged plastic Gift Cards is available for a fee, unless the fault or damage to the Gift Card is proven to be a result of the production or issuing process or otherwise due to the fault of us or our agents or contractors or where otherwise required by law, in which case the re-issue will be at our cost.

The Gift Card will be re-issued with the unused balance from the cancelled Gift Card.

  

PRICE OF GIFT CARD & PAYMENT

At the time of your purchase, you'll be required to select your online payment method, which will include by credit card, debit card, PayPal and AzuPay, mobile or other. Unless otherwise agreed, in order to receive the Gift Card, payment must be received by the selected payment method.

Except in unusual circumstances, where particularly high transaction cost rates are associated with your chosen online payment method, Gift Card Exchange will absorb the payment processing fees. In all instances, Gift Card Exchange reserves the right to pass-on all payment processing fees associated with a purchase from our Website or App.

 

REFUNDS & RETURNS – GOODS & SERVICES

Gift Card Exchange is not responsible for the refund or the purchase price or return of any goods and services purchased from any Retailer using a Gift card purchased through Gift Card Exchange. If you have a problem with any goods and services provided by the Retailers, or otherwise wish to return them, please refer to the Retailer and their individual Returns Policies.

 

REFUNDS POLICY

Please choose carefully. We do not provide refunds or returns if you simply change your mind or make a wrong decision. If you seek a refund, exchange or credit where Gift Cards are faulty, have been wrongly described, are different to the Gift Card purchased on the Website and App, or do not perform as advertised, please contact [email protected] with the reasons for your request and proof of purchase, we will review your request. 

Once a Gift Card is purchased and gifted to another person, there is no refund possible unless required to by law.

If a refund was applicable in a particular instance, once proof of purchase has been established, we will refund the value of the Gift Card, less fees, to the purchaser’s original account from which the payment was derived (e.g. your credit card, debit card or bank account used to purchase the original card).

Where Gift Card Exchange allows a refund or is obliged to refund your payment pursuant to these ToS, we aim to initiate your refund within 4 business days (being Monday to Friday 9 a.m. to 5 p.m. Australian Standard Time, excluding public holidays).

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Gift Card Exchange will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

INVALID PURCHASES

A Gift Card purchase is invalid if:

  • the purchase was processed in breach of the requirements of any credit card rules (“Nominated Card Scheme” rules);
  • the purchase is not authorised by Gift Card Exchange or the authorisation request is declined for any reason;
  • the purchase is fraudulent and/or illegal, including, without limitation, because it is in breach of any governing law;
  • the purchase is not authorised by the cardholder;
  • for non-Recurring purchases, the Nominated Card used is not used at a time which is currently valid as shown on the Nominated Card;
  • for Recurring purchases – the expiry date and CVV2 of the Nominated Card is not provided with the initial Recurring purchase;
  • the purchase is recorded in a currency other than AUD, except where Gift Card Exchange has given prior written approval;
  • in Gift Card Exchange’s reasonable opinion, the purchase relates to at least one other purchase, the effect of which becomes an attempt to avoid Gift Card Exchange’s single day maximum purchase value;
  • in the case of a purchase being a mail, telephone or Internet order, Gift Card Exchange did not record Reasonable Identification Details of the Cardholder and (where applicable) the expiry date of the Nominated Card;
  • the same purchase is processed by the Gift Card Exchange more than once; or
  • in the reasonable opinion of Gift Card Exchange’s merchant facility provider, the Cardholder justifiably disputes liability for the purchase for any reason.

Should Gift Card Exchange, at any time, become suspicious that any matter has arisen to cause a Gift Card purchase to become invalid, Gift Card Exchange reserves the right at its sole discretion to suspend that Gift Card until the matter can be investigated and Gift Card purchase be determined as valid or invalid.

 

CANCELLATION OF ORDERS

a. Gift Card Exchange reserves the right to cancel, at any time before activation and for whatever reason, the purchase of a Gift Card that it had previously accepted. Gift Card Exchange may do this for example, but without limitation, where:

  • an event beyond Gift Card Exchange’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic or failure of computer systems, means that Gift Card Exchange is unable to enable the activation of the Gift Card within a reasonable time;
  • any one or more Gift Card purchases are deemed by Gift Card Exchange, in its sole discretion, to have breached the “Good Faith and Fair Dealing” clause above; or
  • the Gift Cards ordered were subject to an error on the Website or App, for example, in relation to a description, price or image, which was not discovered prior to the purchase being accepted.

b. You may cancel your purchase where Gift Card Exchange:

  • has breached a material term of these ToS; or
  • is not able to deliver your Gift Card within a reasonable time of the estimated delivery time listed on the Website and App for the selected delivery option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address; or (ii) which was outside Gift Card Exchange’s

c. Where Gift Card Exchange cancels your purchase after acceptance it will send you an e-mail or text notifying you of cancellation.

d. In the event of Gift Card Exchange, or you, cancelling your purchase after payment has been processed, we will refund any money paid in respect of that purchase. These ToS set out further information about refunds.

e. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these ToS, Gift Card Exchange will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your purchase, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

FRAUD, LOST, STOLEN OR MISPLACED GIFT CARDS

A Gift Card is equivalent to cash and you should treat it as so. The safety and security of your Gift Cards are your responsibility. Gift Card Exchange is only responsible for negligence on our behalf and errors of the functioning of the Website and App. In particular, you should be aware of the targeting by online fraudsters and cyber criminals of gift cards and holders of gift cards.

The possessor of the Gift Card will be taken to have full title and ownership of that Gift Card. If you lose your mobile device, please email us immediately at [email protected] so we can put a hold on your account. An administration fee may apply for this service. If someone has partially or fully redeemed your Gift Card(s) while your mobile device is lost, or stolen, Gift Card Exchange is not liable.

Gift Card Exchange is not responsible if a Gift Card is lost, stolen, misplaced, destroyed, or used without permission including where the possessor is deceived or tricked into providing the details of the card and the one time password or otherwise permits access to a device on which a Gift Card is held, resulting in the fraudulent use (in whole or in part) of that Gift Card other than by the possessor holding title to it. Gift Card Exchange is also not responsible if any Gift Card is rendered unsuitable for use through no fault of Gift Card Exchange. If you have lost or misplaced your Gift Card and all or part of the balance has not been spent, please email us. Gift Card Exchange will endeavour to replace your Gift Card to the equivalent value of the unused portion, provided we can confirm the ownership of the Gift card and what balance is unused.  An administration fee will apply for this service.  

Gift Card Exchange takes no responsibility for any other Gift Card that may be uploaded onto our Website or App, with the intention of using our features. The information and protection of the uploaded Gift Cards is the sole responsibility of the user of our platforms.

To assist with the protection of your Gift Cards, Gift Card Exchange recommends your mobile device has password protection. Your account on Gift Card Exchange’s Website and App also has PIN protection.

 

ERRORS

Gift Card Exchange does not represent or warrant that any Gift Card, Retailer, product or pricing information on our Website and App is accurate, complete, reliable, current or error-free in all cases. Errors will occur notwithstanding our efforts to be as accurate as possible. In the event of an error, we will endeavour to correct it as quickly as possible and revise your order accordingly, or to cancel the order and refund any charged amount.

 

LIMITATIONS ON USERS AND TERRITORIES

Gift Card Exchange only permits the purchase of Gift Cards if you are:

  • Providing the Gift Card to a recipient located in Australia;
  • At the time of purchase, located in Australia, New Zealand, Indonesia, the United Kingdom, the United States or Canada;
  • Not located in, under the control of, a national or resident of any country to which Australia has embargoed goods or services;
  • Have not been identified as a “Specially Designated National”; or
  • Are not on any Australian export control list.

 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that Gift Card Exchange or its Related Corporations own or are licensed to use all Intellectual Property Rights on www.giftcardexchange.com.au, including any images, photographs or text that appears on there. You must not make any representation to the contrary and you must not use or copy www.giftcardexchange.com.au in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Website and App are owned by or licensed to Gift Card Exchange or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

 

PRIVACY POLICY

Gift Card Exchange’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which can be found on the Website and App. And are incorporated in these ToS by reference.

 

SEVERABILITY

Each provision of these ToS is severable. These ToS remain enforceable even if individual clauses are removed or deemed unenforceable.

 

CHANGES AND ADDITIONAL TERMS AND CONDITIONS

  • Your use of the Website is governed by these ToS.
  • Gift Card Exchange reserves the right to amend these ToS at any time. Any amendment will take effect from the time that it appears on the Website and App. The ToS which apply at the time that you place your purchase are the ToS which will apply to your purchase.
  • If you continue to use your Gift Card Exchange account after we change these ToS, you will be deemed to have accepted the changed Terms. If you do not agree to the changes, you may terminate your account at any time.
  • Any provision of these ToS which are invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
  • These ToS are governed by the laws of Victoria, Australia.

 

CONTACT

Should you have any questions or concerns regarding these ToS 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]