TERMS AND CONDITIONS FOR Everywhere Gift Cards.
Effective 03 November 2023.
The Everywhere Gift Card (‘Card’) is issued by Indue Ltd ABN 97 087 822 464 (‘Indue’). In these conditions, ‘you’ are the Card purchaser or user.
Blackhawk Australia Pty. Ltd. ACN 123 251 703 (‘Blackhawk’) is Indue’s program manager for the Card, and Indue and Blackhawk are collectively “us” and “we” in these conditions (‘Terms & Conditions’). Until you sign the Card, you may present the Card to another person for their use. The Card must be signed before use. By signing or using the Card, you agree to be bound by these Terms & Conditions which can be located at www.everywheregiftcards.com.au If you are not the intended user of the Card, then you must provide these Terms & Conditions to the intended user of the Card.
- The Card can only be used for purchases of goods and services, where prepaid VISA Gift Cards are accepted and processed electronically (excluding cash and cash equivalent transactions at ATMs over the counter at Financial Institutions and merchants and merchant groups who elect not to accept VISA prepaid gift cards). For reasons beyond our control participating merchants may change from time to time. Your use of the Card at a participating merchant is subject at all times to the policies (and, where applicable, other terms and conditions) of that participating merchant regarding the goods and services made available by it.
- Cards cannot be used towards the purchase of any other gift cards or vouchers at participating merchants.
- Each time you use the Card, you authorise us to deduct the amount of the transaction from the balance of funds on the Card. The available balance cannot be exceeded. Where a purchase exceeds the available balance, the excess must be paid using another payment method. The Card cannot be used for direct debit, recurring or instalment payments. Transactions may be declined at some merchants. We are not liable in any way when a transaction is declined, or a transaction otherwise does not proceed due to the actions of a merchant or third party. You acknowledge and agree that you are responsible for checking your transaction history and available balance as set out at www.everywheregiftcards.com.au.
- The Card is not reloadable, and subject to applicable law, is valid from the date of activation until the date shown on the front of the Card. Any remaining available balance will be forfeited on the expiry date. The Card is inactive until purchased and loaded with funds by the cashier. Upon purchase of the Card for a predefined fee, you agree to activate and load the Card with the nominated amount on the front of the pack.
- This Card cannot be used at the following merchant category groups; Automated Fuel Dispensers (5542), Gambling transactions (7995), Financial Institution–Automated Cash Disbursements (6011), Financial Institution–Manual Cash Disbursements (6010), Financial Institution–Merchandise And Services (6012), Quasi Cash–Merchant (6051), Securities–Brokers and Dealers (6211), Wire Transfer Money Orders (4829) (‘Excluded Merchants’).
- You acknowledge and agree that the Excluded Merchants may change from time to time for reasons beyond our control, where required by law, or where we reasonably consider appropriate for security reasons or to meet regulatory obligations. We are not required to provide you with notice if the Excluded Merchants change.
- We do not guarantee that the Card will be accepted in Europe, the Middle East, Africa (EMEA) or Great Britain. Merchants in these jurisdictions may be prohibited from accepting certain anonymous gift cards (e.g., if the purchase amount or the face value of the gift card is above a certain amount). These regulations may change at any time, so you should check with EMEA or Great Britain merchants to see if they will accept the Card.
- Details of Card balance is available at everywheregiftcards.com.au or by calling 1800 442 490.
- All transactions conducted overseas will be converted into Australian dollars. Transactions will either be converted directly into Australian dollars or will be first converted from the currency in which the transaction was made into US dollars and then converted to Australian dollars by Visa Worldwide PTE Ltd (“Visa”).
The conversion rate used is either:
- rate selected by Visa from a range of wholesale rates for the applicable processing date, which may vary from the rate Visa receives; or
- the government-mandated rate in effect for the applicable processing date.
In these circumstances, 3.5% of the total amount of each transaction will be deducted from your Card at the same time you make a transaction on your Card in a currency other than Australian dollars, or you make a transaction on your gift card in any currency (including AUD) that is processed by a card scheme or financial institution or billed by the merchant outside of Australia. This fee includes an amount payable by us to Visa. The fee is a percentage of the converted AUD amount of the transaction.
- For disputed transactions, you should notify the merchant where the purchase was made. However, if you are unable to resolve the disputed transaction with the merchant, you should notify us immediately by visiting www.everywheregiftcards.com.au, or by calling 1800 442 490.
- Card Scheme operating rules impose time limits after the expiry of which we are not able to reverse a transaction. The time limit generally applicable is 60 days after the disputed transaction was made, but some time limits are longer. If you do not notify us in time, we may be unable to investigate your claim in which case you will be liable for the transaction. It is your responsibility to review carefully your online transaction history. Neither Indue nor Blackhawk is responsible for any loss to you, if you do not request us to dispute the transaction, within an applicable time limit.
- To the extent permitted by law and subject to any applicable legislative consumer guarantee, neither the Card nor the value stored on the Card can be replaced if misused, lost, stolen, or damaged. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify Cardholder Services immediately on 1800 442 490 or at www.everywheregiftcards.com.au.
- If you have a complaint about the Card, or service, please call Everywhere Gift Cards on 1800 442 490. If you have any enquiries or complaints in relation to your Card, you should, in the first instance, contact Everywhere Gift Cards.
If you cannot resolve the complaint with Everywhere Gift Cards you should contact Indue. The contact details for Indue are: Indue Limited, PO Box 5389, West End, Qld 4101, phone: 1300 671 819.
- For security reasons or where required by law, including where we suspect fraud or other illegal activity, we may restrict the number of transactions or amount of transactions you can make with the Card, prevent a transaction, or stop the use of the Card. This includes transactions at physical merchants outside of Australia and online transactions that occur outside of Australia. You cannot stop payment on any transaction made with the Card.
- Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds. For the avoidance of doubt, our goods and services comprise the stored value of the Card. We have no liability to you for goods and services that you purchase using the Card. Claims relating to the goods and services you purchase using the Card must be directed towards the relevant participating merchant where the transaction was made.
- If you use the Card without presenting it (such as for mail order, telephone or internet purchases), the legal effect will be the same as if you physically presented the Card.
- If you provide personal information to Indue, you consent to Indue disclosing your personal information to third parties that:
- facilitate transaction investigation and assist with identification of suspicious or fraudulent transactions.
- are our outsourced service providers (for example, data switches);
- are regulatory bodies, government agencies, law enforcement bodies and courts; and
- are participants in the payment system and other financial institutions for the purpose of resolving disputes, errors or other matters arising from your use of your Card.
- Information will be disclosed to third parties about the Card, or transactions made with the Card, if required and allowed by law, required by law, and also where necessary to operate the Card and process transactions.
- Subject to this clause, we reserve the right to change these Terms and Conditions provided that the changes do not materially reduce or limit your rights under these Terms and Conditions. We may change these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions only if we are required to do so by law, where such changes are imposed on us by third party suppliers (including VISA) or where the change is required to protect our legitimate commercial interests. Any changes to the Terms and Conditions will be notified at www.everywheregiftcards.com.au. If we make changes to these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions, we will endeavour to give you 30 days’ notice by publishing the revised Terms and Conditions at www.everywheregiftcards.com.au
- The laws of the State of Queensland, in the Commonwealth of Australia, apply to these Terms & Conditions and you irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Queensland, or the Commonwealth of Australia and any courts of appeal from these courts.