We recommend that you read this document carefully before requesting a quotation or placing an Order for Gift Cards with us. If you have any questions or would like more information, please contact the Myer Corporate Sales Team on 1300 398 226 or visit the website corporate.myergiftcards.com.au.
1. DefinitionsThe following apply to these Terms and Conditions.
"Business Day" means days that are Monday to Friday excluding Victorian and National public holidays.
"Corporations Act" means the Corporations Act 2001 (Cth).
"Customer" means any person who purchases, or seeks to purchase, a Gift Card from You as an Approved Reseller pursuant to clauses 7(d) and 8 of these Terms and Conditions.
"Delivery Address" means the address to which the Gift Cards are to be delivered as stated on the Order.
"Gift Card" means the Myer gift card that you have purchased or received, such as one of the following: Myer Gift Card, Myer eGift Card, Myer Returns Card and MYER one Rewards Card.
"GST" means the goods and services taxation regime instituted pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related Commonwealth Acts, regulations, determinations and rulings associated with or made under any of those Acts.
"Myer" means Myer Pty Ltd ABN 83 004 143 239 of 800 Collins Street, Docklands, Victoria 3008.
"Myer Confidential Information" means all information that is treated or designated by Myer as confidential, which is generally not known by non-Myer personnel or which should be reasonably regarded in all the circumstances as confidential.
"Order" means an order by you to purchase Gift Cards from us.
"Personal Information" includes, but not limited to your name, Delivery Address and payment details.
"Purchase Price" means the price quoted by Myer for an Order.
"Quotation" means a quotation issued by us.
"You" means the purchaser of any Gift Cards from us and who places an Order via our Corporate Customer channels.
2. Company Registration
- You must first register your business with the Myer Corporate Sales Gift Card Services prior to placing an Order.
- To register, complete the registration process at corporate.myergiftcards.com.au.
- Myer may in its absolute discretion approve or reject or terminate any registration application for any reason.
- If your registration is approved you will receive login details via e-mail consisting of a username and a temporary password to enable you to login to the Myer Corporate Sales Gift Card Service and confirm your registration.
- You must keep your login details secure. Any Order placed using your login will be deemed to be a valid and authorised Order.
- If you do not have access to the website or do not wish to register online you can contact the Myer Corporate Sales Team at firstname.lastname@example.org or 1300 398 226.
- Placement of an Order with Myer by you is an irrevocable offer by you to purchase the Gift Cards you have specified in the Order. To place an order you must be a registered Myer Corporate Sales Gift Card Service customer, login to the service at corporate.myergiftcards.com.au, complete and submit an Order. You can also order by contacting Myer Corporate Sales on 1300 398 226 or e-mailing your request to email@example.com
- Myer is not obligated to accept your Order and we may accept or reject your Order for any reason.
- Unless otherwise agreed, the contract with Myer for the ordering and purchase of Gift Cards specified in your Order only becomes binding on Myer once we have accepted your Order and receipt of your payment for the Gift Cards in full has been confirmed. You will receive a Gift Card Order Statement as acceptance of your order from Myer
- You will receive a tax invoice(s) from Myer for the Order. Unless otherwise agreed, receipt by Myer of payment from you in full is required prior to Gift Cards being approved for production, released and/or activated.
- Orders must be complete and submitted to Myer Corporate Sales before 4.00pm AEST. Orders received after this time will be deemed received the next business day. In the instance of an order being received after 4.00pm on a Business Day prior to a public holiday or weekend the order will be processed the next business day after the public holiday or weekend.
- Orders will be processed and delivered within the timeframes stipulated by Myer. For Order fulfilment and delivery timeframes please refer to the relevant terms and conditions at corporate.myergiftcards.com.au.
- You may pay the Purchase Price by direct deposit or by credit card MasterCard, Visa or American Express.
- Payment of the total Purchase Price must be made in full and cleared funds before the Gift Cards are dispatched.
- Delivery of Mailed Gift cards
Please refer to the relevant terms and conditions at corporate.myergiftcards.com.au for delivery timeframes.
- Delivery Requirements
Gift Cards are only available for delivery in Australia and will not be delivered to a PO Box Address or Locked Bag. An adult must be available to sign for the Gift Cards on delivery. Anyone at the Delivery Address who receives the Gift Cards shall be presumed to be authorised to receive the Gift Cards on your behalf. If no one of the appropriate age is at the Delivery Address to receive the Gift Cards (or the person is unable or unwilling to provide appropriate proof of age acceptable to us), the Gift Cards will not be delivered and you may incur additional delivery fees. Acceptance by you of the Gift Cards shall be evidence that the Order was delivered in full and in good condition, unless at the time of delivery you notify us within 24 hours of receipt that there is an error or discrepancy in the delivery docket.
- Delivery Charges
The delivery fees will be specified on the Order. The delivery fee is $14.85 per delivery address specified on the Order. Delivery fees quoted are GST inclusive. It is your responsibility to give us prior notice of any unusual delivery circumstances. If we have been unable to deliver the Gift Cards due to changes in delivery instructions or circumstances not notified to us at the time of placing the Order you may incur an additional delivery fee.
- Delivery of emailed Gift cards
Gift Cards will be emailed to your nominated email address as specified in your Order. Delivery may take up to 4 hours from the time of payment confirmation.
- Delivery Requirements
The recipient will receive an email from Myer’s service provider with a link to access the eGift Gift Card. The person who receives the Gift Card(s) sent to your nominated address shall be presumed to be authorised to receive the Gift Card(s) on your behalf.
- Delivery Charges
No delivery fee will apply where Gift Cards are delivered by email.
6. Order Activation
- Mailed Orders must be activated prior to the Gift Cards being ready for use. Emailed Orders do not require activation.
- It is the responsibility of you and the nominated delivery recipient to ensure that an Order is activated. Orders must be activated using the: 1) Order Number and 2) Bulk Activation Code.
- You will receive an 'Order Confirmation' containing the Bulk Activation Code. It is your responsibility to provide the nominated delivery recipient with the Bulk Activation Code.
- It is the responsibility of the person who places the Order and the delivery recipient to keep the Bulk Activation Code confidential. The Bulk Activation Code must not be revealed to any unauthorised person.
- Please check your Order carefully prior to activation. If you find a discrepancy, do not activate the Order or distribute any of the Gift Cards, and contact Myer Corporate Sales immediately on 1300 398 226.
7. Use or Resale of Gift Cards
- Subject to clause7(c), You may use Gift Cards purchased through the Myer Corporate Sales Gift Card Service for:
- Reward and recognition program(s);
- Loyalty and customer programs;
- Consumer and trade promotions;
- Incentive programs;
- Programs operated by you and your organisation as a third party service provider for business, marketing and program services on behalf of corporations and businesses in Australia;
- Charity and fundraising programs;
- Prizes and Gifts; and
- Emergency and social relief.
- You must seek our written approval for any use of Gift Cards purchased through the Myer Corporate Sales Gift Card Service which is not a use that is permitted under clause 7(b).
- We supply Gift Cards to You on condition that You (or Your related or associated persons) do not engage in the Resale of Gift Cards purchased through the Myer Corporate Sales Gift Card Service to any person without our prior written approval. In this clause 7(d), “Resale” or “Reselling” includes onselling or reselling or resupplying the Gift Cards in return for payment or consideration or other financial reward (except the redemption of rewards or loyalty points pursuant to clauses 7(b)(i) to (ii)). If we approve you to engage in Reselling, You will be an "Approved Reseller" under these Terms and Conditions.
8. Approved Resellers
- Any approval of You as a Reseller of Gift Cards will be non-exclusive pursuant to clause 7(d) of these Terms and Conditions.
- If you are approved by Myer as an Approved Reseller of Gift Cards you do not act as agent for Myer nor do you act as a ‘representative’ of Myer as that term is defined in section 910A of the Corporations Act.
- If you are approved by Myer as an Approved Reseller, you must:
- only engage in the Resale of Gift Cards in accordance with these Terms and Conditions and all applicable laws;
- hold all authorisations necessary for you to perform your obligations under these Terms and Conditions and produce evidence of those authorisations to Myer if and when requested by Myer;
- clearly and prominently state the full cash price for the Gift Card in all marketing material provided to Customers;
- represent the nature and features of the Gift Cards accurately and not in a misleading manner;
- only provide factual information about the Gift Cards to Customers in any promotional and marketing materials; and
- only promote or market the Gift Cards as gift products.
- If You are an Approved Reseller, You must:
- not do anything that would cause Myer to be in breach of any other law when performing your obligations under these Terms and Conditions;
- comply with all applicable laws to which you are subject in relation to these Terms and Conditions including without limitation the Corporations Act, the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and the Privacy Act 1988 (Cth); and
- provide all reasonable assistance to, and comply with all reasonable requests of, Myer in relation to the Resale by You of the Gift Cards.
- You must immediately notify Myer if You breach or may potentially breach these Terms and Conditions or any applicable laws.
- Myer has the following audit rights:
- Myer (including its agent or contractor) has the right to audit your books and records to ensure compliance by you of your obligations under these Terms and Conditions subject to compliance with applicable laws your reasonable requirements in relation to confidentiality, security and business disruption.
- At Myer's request, an Approved Reseller must provide to Myer information which enables Myer to confirm, to its satisfaction acting reasonably, that the Approved Reseller is complying with the terms of Myer's approval of it as a Reseller and these Terms and Conditions.
- You will provide all reasonable assistance and co-operation to Myer (or its agent or contractor) with respect to any audit undertaken by Myer pursuant to this clause including providing access to all documents, materials and information reasonably requested by Myer.
- If a Customer makes a complaint to you regarding (i) the performance by you of your obligations under these Terms and Conditions; (ii) the provision of a Gift Card; or (iii) the Gift Card product, you must within one (1) business day of the complaint being made to you, inform Myer and Myer may or make not take resolution of the complaint from you at the complete discretion of Myer. Either way you must make available all information held by you in relation to the complaint and follow the reasonable direction of Myer in relation to any complaint and the resolution of such complaint.
9. Discounts and GST on Gift Card price
- We may, in our absolute discretion, agree to offer a discount on the face value price of Gift Cards and/or any applicable issuance fee(s) payable by you for Gift Cards contained within an Order and may place any conditions or restrictions on you in consideration for the discount (such as minimum Orders, forecast Orders, method of payment).
- The discount provided by the Myer Corporate Sales team will only be valid for purchases of Gift Cards made through Myer Corporate Sales using your login at corporate.myergiftcards.com.au or contacting Myer Corporate Sales on 1300 398 226.
- Myer reserves the right to withdraw or decrease any such discount if there is a decrease in the value and/or frequency of Orders placed by you.
- GST will not apply to the sale of a Gift Card, specifically the face value/loaded amount.
- You may cancel an Order by providing written notice to Myer:
- prior to payment being cleared, at no additional cost, or
- prior to activation of the Order, in which case cancellation charges may apply.
- You may not cancel part of an Order.
- Myer reserves the right to cancel an Order if it is:
- Not paid for in full within 30 days of the Order date;
- Not accepted at the nominated delivery address within 30 days of the dispatch date; or
- Deemed by Myer to be fraudulent or possibly fraudulent.
- We will refund all money received from you (less any applicable fees and charges) in the form of a cheque or direct debit for all approved cancellations. After an Order is cancelled the gift cards can no longer be used and should be destroyed.
- To discuss the cancellation of an Order, contact Myer Corporate Sales on 1300 398 226 or firstname.lastname@example.org.
11. Risk & Title
- Risk and title in the Gift Cards passes to you upon valid delivery of the Gift Cards to your nominated Delivery Address, or upon collection from the Myer store.
12. MYER one
- Unless expressly agreed in writing on an Order, MYER one shopping credits will not be awarded on sales of Gift Cards to you.
13. Privacy and Security
- Our Privacy and Security Notice explains how we handle the personal information that we may collect from you with respect to Gift Cards or your Order. If you do not have a copy and are unable to access the notice online (at www.myer.com.au/corporategiftcards), please call 1300 398 226 for a copy.
14. Warranties to Myer
- By submitting an Order you are deemed to have read this document in its entirety and understand and agree to be bound by its terms in respect of each Order.
- You acknowledge that we are entitled to assume that any person purporting to have the authority to bind you to an Order has the authority they claim.
- If you are a Trustee, then you and your director(s) warrant that you and they have the authority and power to enter into this agreement, that the trust assets are sufficient to satisfy any liability to us and that they personally guarantee the performance of all of the trust’s obligations under this agreement.
- You warrant and represent to us that:
- none of the Gift Cards purchased are for domestic use;
- you have the authority to agree to these terms and conditions and place an Order;
- you are in good standing and validly existing under Australian law;
- no proceedings for bankruptcy or administration have been filed or threatened and no administrator has been appointed; and
- you will not compete with us.
15. Use of Myer Intellectual Property
- You must obtain our prior written approval on each occasion you propose to use any or all of Myer’s Intellectual Property by using a Marketing Approval Brief Form which may be obtained from email@example.com. Submission of a marketing approval brief to Myer Corporate Sales does not guarantee automatic approval to use trade marks, images or references in any promotion
- If we approve your use of Myer’s intellectual property, you must clearly state that in the program or promotion that you are operating which may incorporate Gift Cards that “Myer is not the promoter” or such equivalent statement and the terms and conditions associated with any program utilising Gift Cards must clearly stipulate that the program, including the distribution of the Gift Cards, is managed by you (as the "promoter") and is in no way supported or endorsed by Myer.
- You agree to withdraw or amend any material that uses or incorporates Myer’s intellectual property notwithstanding that we may have provided our consent to such use.
- Neither you nor your related bodies corporate or associates will not alter or claim any ownership rights in Myer’s Intellectual Property and will not use or register or attempt to use or register any intellectual property that is the same or similar to Myer’s intellectual property.
- Myer has the rights in registered and unregistered trade marks, other marks, devices and images, which are protected by law. Except as expressly authorised in writing by a portfolio member or us the use of any of the trade marks is strictly prohibited. Neither registration of your company or placement of an Order through the Myer Corporate Sales Gift Card Service authorises you to utilise the trade marks.
- You agree to keep all Myer Confidential Information confidential and to only use and copy Myer Confidential Information to the extent necessary to carry out your rights and obligations under the Terms and Conditions.
- Your obligations of confidentiality under these Terms and Conditions do not apply to information that is (i) independently developed or known by you; (ii) public knowledge otherwise than as a result of a breach of these Terms and Conditions; or (iii) required to be disclosed or retained by law or legally binding order of a court or other body or by a stock exchange or regulator.
17. Limitation of liability
- To the maximum extent permitted by law, we and our affiliates, directors, officers, employees, agents, service providers, will not be liable to you for any loss including special, punitive or other losses, or damage, liabilities, claims or expenses (including legal costs) (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions, arising out of, or in any way related to, for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Purchase Price of the Order to which such liability relates.
- You agree to indemnify and hold harmless Myer and its respective officers, directors, employees, agents (each an “Indemnified Party”) from and against all loss resulting from or arising out of:
- any breach of these Terms and Conditions or if the warranties are or become untrue;
- any negligence or wilful misconduct by you or your agents, representatives or employees in connection with the Terms and Conditions;
- any false or misleading or deceptive representation by you or your agents, representatives or employees in connection with your obligations under the Terms and Conditions; or
- any breach of applicable law,
except to the extent that those losses result from any act or omission of an Indemnified Party.
18. Applicable law
- These Terms and Conditions are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection these terms and conditions is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
- We reserve the right to suspend the fulfilment of any Orders for the duration of any events beyond our control.
- You may not assign, transfer or deal with any of its rights in this agreement including to any successor in business. If you undergo a change in control or ownership we reserve the right to cancel any outstanding Orders and refuse any subsequent Orders.
- We may assign its rights under this agreement.
- We reserve the right from time to time to vary, by notice in writing to you, the Terms and Conditions, Quotation amounts, or other matter in connection with any Order.
Version: November 2018