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The Metcash Gift Card Program is operated by Metcash Trading Ltd ACN 000 031 569 (“Metcash”).

These Terms and Conditions apply to all Gift Cards issued by Metcash.

Definitions

In these Terms and Conditions:

“Gift Card” means a gift card issued by us that you have purchased or received, including any one of the following: Independent Retailer Gift Card, IGA Gift Card, IGA Food Card, Cellarbrations Gift Card, Bottle-O Gift Card, Porters Gift Card, Mitre 10 Gift Card, or Home Timber Hardware Gift Card.

“Gift Card Program” means the program operated by Metcash for the issue and redemption of Gift Cards, to which these Terms and Conditions apply.

“Initial Value” has the meaning given in clause 6 of these Terms and Conditions.

“Participating Stores” means participating Supa IGA, IGA, IGA X-press, IGA plus Liquor, IGA Everyday, Cellarbrations, The Bottle-O, Porters Liquor, Mitre 10 and Home Timber Hardware stores and any other stores that accept Gift Cards, as notified on the Website.

“Remaining Value” has the meaning given in clause 13 of these Terms and Conditions.

“Website” means, in relation to the Gift Card specified in the table below, the website listed in the table:

A reference to “you” and “your” is a reference to a Gift Card purchaser or a Gift Card recipient.

A reference to “we”, “our” and “us” is a reference to Metcash.

Introduction

1. These Terms and Conditions set out the terms of use of each Gift Card. If there is any conflict or inconsistency between these Terms and Conditions and the terms set out on the Gift Card, the terms set out on the Gift Card will prevail to the extent of the conflict or inconsistency.

2. You should read these Terms and Conditions carefully.

3. If you are giving the Gift Card to another person, you should let them know these Terms and Conditions apply and ensure they know the date that the Gift Card expires.

4. You agree to be bound by these Terms and Conditions by purchasing a Gift Card, making any transaction using a Gift Card, or exercising or attempting to exercise any right to redeem a Gift Card. Purchasing Gift Cards.

5. Gift Cards can be purchased at any Participating Store in Australia or at a location that Metcash designates as a Gift Card point of sale from time to time.

6. A minimum purchase value of $10 and a maximum value of $1000 can be loaded onto each Gift Card. The value loaded onto the Gift Card at the time of purchase is referred to below as the Initial Value;. The value shown on a Gift Card includes GST. We may change the minimum and maximum amounts that can be loaded on newly purchased Gift Cards in our discretion (but this will not impact on the validity of Gift Cards that had already been issued). If we decide to do this, we will publish details on the Website.

7. There may be a short delay between when you purchase the Gift Card and its activation. During the period of delay, the Gift Card cannot be used to make purchases.

Use of and validity of Gift Cards

8. Gift Cards may only be used to purchase goods and services in-store at Participating Stores and must be presented at the point of sale. The Participating Stores that accept Gift Cards may change from time to time and will be displayed on the Website.

9. You must treat each Gift Card like cash. You are responsible for the safety of the Gift Card and lost, damaged or stolen Gift Cards will not be replaced or refunded.

10. Each Gift Card purchased is valid until the expiry date displayed on the Gift Card, which will be no less than 36 months from the date of purchase of the Gift Card.

11. A Gift Card transaction is only successfully completed where the transaction is shown as approved in the EFTPOS terminal of the Participating Store.

12. The Gift Card cannot be used:

a. to obtain any cash advance or be redeemed for cash;

b. to purchase another Gift Card;

c. to pay in-store accounts at a Participating Store; or

d. in relation to finance agreements.

The Gift Card is not reloadable.

13. Following a successful transaction, the remaining value of the Gift Card (if any) will be that proportion of the Initial Value of the Gift Card which is unspent immediately prior to the transaction, less the value of the goods and services that are the subject of the transaction ("Remaining Value").

14. The Remaining Value may be used in whole or in part for future purchases at Participating Stores in accordance with these Terms and Conditions.

15. You acknowledge and agree that the Initial Value and Remaining Value of the Gift Card will be reduced by the value of all purchases of goods and services that are purchased using the Gift Card at Participating Stores, whether or not made by you.

16. When you undertake a transaction using the Gift Card you are:

a. confirming that the transaction correctly represents the purchase price of the goods and services obtained; and

b. agreeing to pay the purchase price of that transaction by the reduction of the value of the Gift Card by a corresponding amount.

17. Upon expiry of the Gift Card, the Gift Card will no longer be redeemable and any Remaining Value that remains unspent will be forfeited, except as required by law.

18. You may check the Gift Card balance (i.e. the Initial Value and Remaining Value), the expiry date and transaction history by by visiting the Website www.metcash.com/giftcards or phoning Metcash on [1300 409 245]. You will be required to provide the 17-digit Card ID and the Access code that appears on the back of the Gift Card prior to accessing this information.

19. The Gift Card may only be used to make purchases at Participating Stores for a total value up tothe Initial Value. If the total purchase price of goods or services you wish to purchase exceeds the Initial Value or Remaining Value of the Gift Card, the Participating Store will accept the Gift Card as a method of payment only if you are able to pay the balance of the purchase price by another method of payment.

20. The Gift Card issued to the purchaser may not be cancelled or exchanged by you for any other type of Gift Card or credit note.

21. Goods or services that are purchased using the Gift Card may be exchanged or returned in accordance with the relevant Participating Store’s exchange and returns policy. In the event that returned goods or services that have been purchased using the Gift Card qualify for a refund, you must provide to the Participating Store the original purchase docket and Gift Card. The Participating Store will then swipe the Gift Card through its EFTPOS terminal, enter the amount of the refund and the four digit PIN number under the scratch panel on the back of the Gift Card. Once the transaction has been approved, the Remaining Value of the Gift Card will be increased by the amount of the refund. A refund cannot be processed to a Gift Card where it results in the Gift Card’s Remaining Value exceeding the Initial Value of the Gift Card.

22. In the event that you are unable to produce the Gift Card for the purposes of processing a refund [or the refund cannot be processed as the Remaining Value exceeds the Initial Value of the Gift Card] in accordance with clause 21, then the Participating Store may in its discretion:

a. replace the goods or [re-perform the services]; or

b. provide you with a voucher or replacement Gift Card for the equivalent value.

23. Complaints about goods or services purchased with the Gift Card must be resolved with the Participating Store where the relevant goods or services were purchased.

24. If you consider that an error has occurred in relation to a Gift Card transaction, you must notify us on 1300 409 245 or through www.metcash.com/giftcards

Changes to and discontinuance of the Metcash Gift Card Program

25. We may change these Terms and Conditions at any time upon 30 days’ notice, in the following circumstances:

a. to add or remove categories of Participating Stores;

b. to add or remove categories of Gift Card;

c. to add or remove goods or services which may be purchased with Gift Cards;

d. for administrative or operational reasons, or to prevent the occurrence of fraud or other unlawful, damaging or unacceptable conduct;

e. to comply with any applicable law or regulation, or binding judgment, order, standard or determination of any court, tribunal or government or quasi-government agency or body; or

f. where Metcash reasonably considers the change will not be to the material detriment of existing valid Gift Card purchasers or recipients.

Notice of changes to these Terms and Conditions will be made available on the Website

. 26. We may discontinue or terminate the Gift Card Program at any time upon 60 days’ notice. Notice of such discontinuance or termination will be made available on the Website. Gift Cards issued as at the date of discontinuance or termination may continue to be redeemed in accordance with these Terms and Conditions until their expiry date not with standing any such discontinuance or termination.

Liability

27. You are responsible for your Gift Card and are liable for all transactions made using your Gift Card.

28. We are not responsible for any failures or interruptions in the provision of EFTPOS facilities and Gift Card transaction functionality at any Participating Store. We do not guarantee that any particular store will participate in the Gift Card Program and accept Gift Cards.

Privacy

29. We have a Privacy Policy which is available at https://www.metcash.com/legal/privacy-policy/. The Privacy Policy governs how we collect or handle any personal information about you in connection with the Gift Card Program.

Applicable Law

30. These Terms and Conditions are to be construed in accordance with the laws of New South Wales, Australia. Any dispute arising from your receipt or use of a Gift Card is subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.