Metcash Christmas Club – Terms and Conditions

The  Metcash Christmas Club Program (“Christmas Club”, “Program”, “Christmas Club Program”) is operated by Metcash Trading Ltd ACN 000 031 569 (“Metcash”, “we”, “us”, “our”).

Contents

About the Christmas Club

About these Terms and Conditions

Definitions

Registering for the Christmas Club

Password and user name

Your contributions

Changing your details

Suspending or re-activating your contributions

When do your changes take effect?

What if you miss a contribution?

Sending your Gift Card

Leaving the Club

Direct Debit Agreement

Standing authority to debit your card account

Communicating with you

Liability

Privacy

Applicable law

 

About the Christmas Club

Under the Program, you authorise us to direct debit a set amount from your bank account or credit card at regular intervals during the year, until 15 November.

During the second half of November, we will provide you with a Gift Card or Gift Cards with the aggregate Initial Value set as the full value you contributed.  Gift Cards will be issued in accordance with the Gift Card Terms and Conditions and can be used at Participating Stores..

If you change your mind or your circumstances change, you can cancel your participation at any time before 15 November in any Christmas Club Year.  If you do cancel, you will get Gift Cards to the value you have contributed during that Christmas Club Year, less a Termination Charge that represents our reasonable costs relating to your participation in the Christmas Club.

 

About these Terms and Conditions

These Terms and Conditions set out the terms of participation in the Christmas Club Program.

You should read these Terms and Conditions carefully.  At the end of each Christmas Club Year your Christmas Club Balance will be used to provide you a Gift Card or Gift Cards on the Gift Card Terms and Conditions as in force at that time.  You should also read the Gift Card Terms and Conditions so you understand what you will receive.

You agree to be bound by these Terms and Conditions by registering for the Christmas Club.

 

IMPORTANT NOTE:  These terms and conditions were updated and published on 15 March 2021.

They come into effect:

  1. immediately, if you join the Christmas Club on or after the date of their publication; and
  2. after 30 days, where you are already a member of the Christmas Club at the date of their publication.  If you are already a member of the Christmas Club and are not happy about a change in the terms, you will be able to cease your membership and receive a full refund of your contributions under the section ‘Leaving the Club’ below.

 

Definitions

In these Terms and Conditions:

“Christmas Club Balance” in relation to a particular Christmas Club Year means, at any time, the value of all contributions made by you to us in relation to the Christmas Club for the relevant Christmas Club Year at that time.

“Christmas Club Year” means a period of 12 months starting on 16 November in one year and ending at the end of 15 November in the following year.

“Gift Card” means a gift card issued by us and available for use at Participating Stores  in accordance with the Gift Card Terms and Conditions.

“Gift Card Terms and Conditions” means the terms and conditions available at https://metcashgiftcards.com.au/policies/terms-of-service

“Initial Value” has the same meaning as in the Gift Card Terms and Conditions.

“Nominated Amount” means at any time the amount you have most recently nominated as the amount of each contribution you make.  (Changes to the Nominated Amount take effect as described under “Changing your details“.)

“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.

“Payment Frequency” means at any time the payment frequency (weekly or monthly) you have most recently nominated for us to receive contributions from you using the Payment Method.

“Payment Method” means at any time the payment method (being direct debit from an Australian financial institution account or from a Visa or MasterCard scheme debit card or credit card) you have most recently nominated for us to use to receive contributions from you.  (Changes to the Payment Method take effect as described under “Changing your details“.)

“Termination Charge” means our reasonable costs flowing from your decision to cancel your participation and request a refund of your contributions.  It is made up of the costs to us of receiving your payments (which is usually between 0.75% and 1.3% of the Christmas Club Balance you ask to be refunded, depending on your Payment Method), the additional cost of returning the payment to you (usually 1% of the amount to be returned), and an administration charge of $10 that covers our administrative expense of cancelling your participation and making the payment.  None of these costs would be incurred if you remained in the Christmas Club.

“Website” means the website at https://metcashgiftcards.com.au/

A reference to “you” and “your” is a reference to the registered Christmas Club member.

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

 

Registering for the Christmas Club

You can register to participate in the Christmas Club by following links at the website.  You will need to provide your name and address, electronic contact details, and details of the bank account or credit card that will be used to make your contributions.

You will also choose the Nominated Amount of contributions and the Payment Frequency at which we will initiate a direct debit or a credit card payment.

If you register for the Christmas Club in one Christmas Club Year, you will automatically be re‑enrolled in the Christmas Club for the following year unless you give us 14 days’ notice that you wish to leave the Christmas Club.

 

Password and user name

You will need a user name (a valid email address) and a password for your Christmas Club registration. You should select a password that you can remember but will not be easy for others to guess.

You should not share your password with anybody. Anyone who has access to your password will be able to request changes to your Christmas Club membership.

If you think your password may have been compromised or there has been unauthorised access or changes to your Christmas Club membership, you should contact us immediately.

 

Your contributions

During each Christmas Club Year we will collect your Nominated Amount by initiating a transaction to your Payment Method, at the Payment Frequency ( weekly or monthly) that you have selected.  You can visit the Website at any time and check your Christmas Club Balance (being the total of your contributions for that Christmas Club Year).

The amount of each contribution will be added to your Christmas Club Balance once we have actually received the amount in cleared funds.  This may be later than the day that we initiate the transaction.  Where a transaction would fall on a day that is a Saturday, Sunday, or public holiday, we may initiate the transaction on the next business day in Sydney, even if that is in the next month.

 

Changing your details

At any time you can make changes to your Christmas Club registration  Changes you can make include:

  1. changing your Payment Method (including by updating the details of your nominated Payment Method or nominating a different Payment Method) by logging into your Christmas Club membership through the website
  2. changing your contact details, including the physical address where we will send your Gift Cards.

 

Suspending or re-activating your contributions

At any time you can:

  1. suspend your contributions,
  2. Re-activate your contributions if they are suspended,

by logging into your Christmas Club membership through the Website.

If you suspend your contributions, we will cease attempting to collect your Nominated Amount from your Payment Method.  While suspended, you remain a registered member of the Christmas Club, and your Christmas Club Balance is retained.  At the end of the Christmas Club Year, your Gift Card will be distributed in the same way as for Christmas Club members that are not suspended.

 

When do your changes take effect?

We will be entitled to rely on any change or any suspension or re-activation request as an instruction from you if made through the website using your user name and password.

We endeavour to make the changes effective promptly and by no later than 14 days after the change is requested.

As delivery of Gift Cards will take place as soon as practicable after the end of each Christmas Club Year, the delivery address for Gift Cards for a particular Christmas Club Year cannot be changed after the end of that Christmas Club Year.

 

What if you miss a contribution?

You should check that your Payment Method will have a sufficient balance for each contribution to be processed.  If your Payment Method has insufficient funds to respond to a transaction we initiate, the provider of your payment method may charge you a fee.

If a contribution is dishonoured, we will not re-attempt the transaction for that Payment Period.  This will mean that Christmas Club Balance at the end of the Christmas Club Year, and the Initial Value of your Gift Card will be lower than the expected value.

If consecutive contributions are dishonoured, we will suspend your membership of the Christmas Club and make contact with you.

 

Sending your Gift Card

Soon after the end of each Christmas Club Year, we distribute your Gift Cards by post.

 

Leaving the Club

If you change your mind or your circumstances change, you can cancel your membership by logging in through the Website, and you will receive Gift Cards to the value you have contributed, less the Termination Charge.  We will do so promptly after we are sure that we have received all contributions that have been made.

By law, if you terminate, we can charge no more than our reasonable costs that flow from your termination.  These include transaction costs of accepting your contributions (as we would otherwise defray these when you use the contribution to purchase goods from IGA) If your membership is not suspended at the time you cancel your membership, it may take us up to 14 days to cancel any future payments.  If you give us less than 7  days’ notice, it is possible that we may initiate a transaction for a contribution after the date you request termination.  Any such amount will be included in the Gift Card we issue to you.

We may provide a refund to the Payment Method that was used to make the relevant payments if you can demonstrate hardship.  In these circumstances we may use other methods to provide your refund if we reasonably believe that a manner of refund would have an increased risk of fraud.

 

Direct Debit Agreement

Where you have nominated direct debit as your Payment Method and have specified a bank account (by BSB code and account number) in the direct debit request that is part of registration, you authorise us to arrange with our own financial institution for funds to be debited from that account, equal to each contribution to be made by you in accordance with these terms and conditions, at each time a contribution is to be made.

It is your obligation to ensure that there will be sufficient cleared funds in your account on each day that a contribution transaction will be initiated.  You may stop a future payment by either suspending your membership or cancelling it as described above.

If you believe that there has been any error in relation to a debit to your account, you should notify us promptly using the contact details at the Website.  If you wish, you can also contact your own financial institution where the account is held.

You should carefully check the BSB and account number you wish to debit before completing the direct debit request, and make sure that your financial institution allows payments to be made by direct debit from your account.

 

Standing Authority to debit your card account

Where you have nominated a Visa or Mastercard credit card or debit card as your Payment Method, you authorise us to process a payment from that card, equal to each contribution to be made by you in accordance with these terms and conditions, at each time a contribution is to be made.

It is your obligation to ensure that there will be sufficient available funds in your card account on each day that a contribution transaction will be initiated.  You may stop a future payment by either suspending your membership or cancelling it as set out above.

If you believe that there has been any error in relation to a transaction to your card account, you should notify us promptly using the contact details at the Website.  If you wish, you can also contact your own financial institution that issues the card.

 

Communicating with you

You agree that we can communicate with you in relation to your participation in the Christmas Club by email to your nominated email address or SMS to your nominated mobile phone number.

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

  1. to add or remove categories of Gift Card which may be provided as part of the Christmas Club;
  2. for administrative or operational reasons, or to prevent the occurrence of fraud or other unlawful, damaging or unacceptable conduct;
  3. 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
  4. where Metcash reasonably considers the change will not be to the material detriment of existing Christmas Club members.

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

We may discontinue or terminate the Christmas Club Program at any time upon 90 days’ notice. Notice of such discontinuance or termination will be made available on the Website and through the electronic communication channels you have nominated.  By law, where we terminate the Christmas Club program, we must reimburse the amounts you have contributed in the relevant Christmas Club Year without any Termination Charge.

 

Liability

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

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.

If we send Gift Cards by mail to your nominated address, we are not responsible if the Gift Cards are lost in the course of the Post.

 

Privacy

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 Christmas Club Program, and describes your rights to request access or amendments, and how we handle complaints.  If we do not collect information we would not be able to offer the Christmas Club Program.  All information is held in Australia.

 

Applicable Law

These Terms and Conditions are to be construed in accordance with the laws of New South Wales, Australia. Any dispute arising from your participation in the Christmas Club is subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.