Gift Card Program Terms & Conditions

Date: September 2010

 

1. Introduction and Definitions This document contains the full set of terms and conditions governing your use of the TRS Gift Card.

We recommend that you read this document carefully before using the TRS Gift Card. If you have any questions or would like more information about your TRS Gift Card, please visit a TRS Store.
In the terms and conditions:

  • "activate" means the initial loading of value onto a TRS Gift Card.

  • "Card Balance" means the unspent value of a TRS Gift Card.

  • "Expiry Date" means the date, being twelve (12) months from the date of purchase, after which any remaining funds on a TRS Gift Card will not be available for redemption.

  • "redeem" means to reduce the value loaded on your TRS Gift Card by using the TRS Gift Card to purchase goods or services.

  • "TRS" means The Reject Shop

  • "TRS Gift Card" means a TRS Gift Card issued by us.

  • "TRS Store" means one of the stores listed on the Website (www.rejectshop.com.au) as a store which accepts payment using the TRS Gift Card, as amended from time to time.

  • "Website" means www.rejectshop.com.au

  • A reference to "we", "us" or "our" is a reference to The Reject Shop Limited.

  • A reference to "you" or "your" is a reference to the person who is taken to agree to these terms and conditions under Clause 2.

2. Agreeing to the terms and conditions

 

2.1

These terms and conditions apply to each TRS Gift Card.

 

2.2

You will be bound by these terms and conditions once you have taken any of the following actions: (a) purchasing a TRS Gift Card; or (b) activating a TRS Gift Card; or (c) using, or attempting to use a TRS Gift Card; or (d) by making a transaction enquiry in accordance with clause 6 or exercising any right to redeem value loaded on a TRS Gift Card.

 

2.3

By purchasing, activating, using or attempting to use a TRS Gift Card, or by making a transaction enquiry in accordance with clause 6 or exercising any right to redeem value loaded on a TRS Gift Card, you warrant to us that you will comply with these terms and conditions and all applicable laws and that the TRS Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers, our business or our reputation.

 

2.4

If you are giving a TRS Gift Card to another person, you should ensure that he or she is aware of the terms and conditions that apply to the TRS Gift Card and the relevant Expiry Date of the TRS Gift Card.

3. Purchasing a TRS Gift Card

 

3.1

TRS Gift Cards can be purchased from any TRS Store.

 

3.2

A minimum of $10 and a maximum of $100 can be loaded on each TRS Gift Card in a TRS Store. At our absolute discretion, we may change the minimum and maximum amounts that can be loaded on TRS Gift Cards. If we decide to do this, we will publish details on the Website.

 

3.3

After you have paid for your TRS Gift Card we may not be able to immediately activate the TRS Gift Card on our point of sale system. During this period of delay, the TRS Gift Card cannot be used to make purchases or transaction enquiries.

 

3.4

Your TRS Gift Card is valid for use until the Expiry Date, being 12 months from the date of its purchase. Any unspent value cannot be used or redeemed after that date. At our absolute discretion, we may change the period of validity of TRS Gift Cards. If we decide to do this, we will publish details on the Website.

4. Redeeming your TRS Gift Card

 

4.1

Your TRS Gift Card can be redeemed for goods and services from TRS Stores up to the value loaded onto your TRS Gift Card. Value redeemed is deducted from the Card Balance.

 

4.2

TRS Gift Card cannot be used for online purchases.

 

4.3

TRS Gift Cards cannot be refunded or used to obtain cash. Resale of TRS Gift Cards is strictly prohibited, except with our prior written consent. TRS Gift Cards that are resold in breach of this clause 4.3 will be invalid with the result that purchasers of those cards will not be able to use or redeem unspent value on their TRS Gift Cards.

 

4.4

Your use of the TRS Gift Card at a TRS Store is subject at all times to the policies (and, where applicable, other terms and conditions) of that TRS Store regarding the goods and services made available by it. For example, if you are under the age of 16, your TRS Gift Card cannot be redeemed for products such as knives or, if you are under 15, a TRS Store may not supply you with video games or other material classified as MA15+.

 

4.5

Where the price of the goods or services being purchased with the TRS Gift Card exceeds the Card Balance, you must pay the amount exceeding the Card Balance by an alternative payment method at the discretion of the relevant TRS Store.

 

4.6

Once your TRS Gift Card has expired any unspent value cannot be used or redeemed by you and the Card Balance will return to a nil balance.

 

4.7

Once your TRS Gift Card has reached a nil balance it cannot be re-activated.

5. No recharging of the TRS Gift Card

 

5.1

After a TRS Gift Card has been activated, you cannot subsequently add value to it.

6. Transaction enquiries

 

6.1

You can check your TRS Gift Card(s) Expiry Date, transaction history and Card Balance by: (a) visiting the Website, or (b) visiting a TRS Store.

7. Lost or stolen TRS Gift Cards

 

7.1

You must treat your TRS Gift Card like cash. [If your TRS Gift Card is damaged, please contact the store of purchase.] However, we have no obligation to replace or refund value for lost, stolen or damaged TRS Gift Cards.

 

7.2

We reserve the right to place a stop on your TRS Gift Card if: (a) you report that your TRS Gift Card has been lost, stolen or damaged; or (b) we believe (or reasonably suspect) that you have used (or will use) your TRS Gift Card contrary to these Terms and Conditions.

 

7.3

At our absolute discretion, we may change our policies and procedures on lost, stolen or damaged TRS Gift Cards. If we decide to do this, we will publish details on the Website.

8. Liability

 

8.1

You are responsible for the use and safety of your TRS Gift Card, and are liable for all transactions made on your TRS Gift Card.

 

8.2

Subject at all times to the exceptions in paragraph 8.3, we are not liable to you for any loss or damage (whether direct, indirect, consequential or special) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a TRS Gift Card, these Terms and Conditions or your use of the Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website. Our liability to you in contract, tort (including negligence), under statute or otherwise, will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause will apply even after this agreement has ended.

 

8.3

The exclusions in paragraph 8.2 only apply to the extent permitted by law. In particular, nothing in paragraph 8.2 affects any rights that you may have under the Trade Practices Act or any State or Territory Fair Trading Act or equivalent except that where legislation implies any condition or warranty that cannot be excluded in these terms and conditions, we limit our liability for breach of any such implied conditions or warranties to the replacement or repair of the goods (or costs thereof).

9. Relationship with The Reject Shop Limited

 

9.1

TRS Gift Cards may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain our prior written approval. TRS Gift Cards that are used in marketing, advertising or other promotional activities in breach of this clause 9.1 will be invalid with the result that recipients of those cards will not be able to use or redeem unspent value on their TRS Gift Cards.

 

9.2

Use of our name or brand, or any names, logos symbols, images or trademarks (whether registered or unregistered) of TRS Gift Cards (other than in connection with the purchase or use of TRS Gift Cards), is strictly prohibited.

 

9.3

You must not use a TRS Gift Card in any manner that states or implies that any person, website, business or product or service is endorsed or sponsored by or otherwise affiliated with us or any of our subsidiaries or affiliates.

10. Errors and complaints

 

10.1

If you have questions or if you wish to make a complaint about your TRS Gift Card, please visit or contact a TRS Store.

 

10.2

At our absolute discretion, we may change our policies and procedures in respect of errors and complaints. If we decide to do this, we will publish details on the Website.

11. General

 

11.1

These terms and conditions are governed by the laws of Victoria and you and we agree to submit to the jurisdiction of the courts of Victoria.

 

11.2

We reserve the right to make amendments to these terms and conditions from time to time, any such changes will be notified on the Website and you will be given the opportunity to agree to those changes by clicking "Accept" on the Website.