Mitre 10 Gift Card – NSW Seniors Card and NSW Senior Savers Cardholders

Physical Gift Card Terms and Conditions

E-Gift Card Term and Conditions

Christmas Club Term and Conditions

---

Physical Gift Card Terms and Conditions

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.

IMPORTANT NOTE:  These terms and conditions were updated and published on 8/11/2023.

They come in to effect:

1. immediately, in relation to Gift Cards purchased from the date of their publication; and
2. after 30 days, in relation to Gift Cards purchased before the date of their publication.

1. Definitions

In these Terms and Conditions:

1. “Gift Card” means a physical gift card issued by Metcash that you have purchased or received, including any one of the following: Independent Retailer Gift Card, Shop Local Gift Card, IGA Gift Card, IGA Food Card, Foodland IGA Gift Card, Supa Valu Gift Card, Cellarbrations Gift Card, Bottle-O Gift Card, Porters Gift Card, Thirsty Camel Gift Card, Mitre 10 Gift Card, Home Timber Hardware Gift Card, Thrifty-Link Gift Card, True Value Hardware Gift Card or Total Tools Gift Card issued by Metcash. This does not include Total Tools Gift Cards issued by Total Tools Licensing Pty Ltd, which are subject to their own Terms & Conditions available https://totaltoolsgiftcards.viisolutions.com.au/CMS/Page/giftcardterms.
2. “Gift Card Program” means the program operated by Metcash for the issue and redemption of Gift Cards, to which these Terms and Conditions apply.
3. “Initial Value” has the meaning given in clause 3(c) of these Terms and Conditions.
4. “Participating Stores” means participating IGA bannered stores, including Supa IGA, IGA, IGA X-press, IGA Liquor and IGA Everyday, Cellarbrations, The Bottle-O, Porters Liquor, Mitre 10, Home Timber Hardware and Total Tools stores and any other stores that accept Gift Cards, as notified on the Website.
5. “Remaining Value” has the meaning given in clause 5(a) of these Terms and Conditions.
6. “Website” means, https://metcashgiftcards.com.au/

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.

2. Introduction

1. These Terms and Conditions set out the terms of purchase and use of each Gift Card.
2. 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.
3. You should read these Terms and Conditions carefully.
4. 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.
5. 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.

3. Purchasing Gift Cards

1. Gift Cards can be purchased at any Participating Store in Australia or at any physical or online location that Metcash designates as a Gift Card point of sale from time to time, including via the Website.
2. Metcash and Participating Stores reserve the right to refuse or cancel any Gift Card order or purchase in their reasonable discretion, including where they have reasonable grounds for suspecting fraud or misconduct, where you are unable to provide acceptable proof of age when purchasing Gift Cards which may be used to purchase products that are subject to age restrictions, due to unavailability of Gift Card stock, or where you have failed to observe any applicable purchase limits or relevant offer or promotion terms and conditions.
3. A minimum purchase value of $10 and a maximum value of $1,000 can be loaded onto each Gift Card. These minimum and maximum values may vary for Gift Cards purchased online. 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 were already issued before the change). If we decide to do this, we will publish details on the Website.
4. Different minimum or maximum purchase values, purchase limits, or other terms and conditions, may also apply as part of a Gift Card discount offer or promotion. Those additional requirements apply in addition to these Terms and Conditions, and take precedence over these Terms and Conditions to the extent of any inconsistency.
5. There may be a short delay of up to one business day between when you purchase the Gift Card and its activation. During the period of delay, the Gift Card cannot be used to make purchases.

4. Use of and validity of Gift Cards

1. Gift Cards may only be used to purchase goods and services:
   1. in-store at the Participating Stores named on the Gift Card. Where purchasing goods and services in-store, the Gift Card must be presented at the point of sale.
   2. online at the Participating Stores named on the Gift Card where those Participating Stores permit online use. Where purchasing goods and services online, the Gift Card details must be entered at check out.

The Participating Stores that accept Gift Cards in-store and online may change from time to time and will be displayed on the Website.

2. 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.
3. 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.
4. A Gift Card transaction is only successfully completed where the transaction is shown as approved on the point of sale equipment of the Participating Store or proof of purchase is issued by us.

5. The Gift Card cannot be used:

1. 1. to obtain any cash advance or be redeemed for cash;
   2. to purchase another Gift Card;
   3. to pay in-store accounts at a Participating Store;
   4. in relation to finance agreements; or
   5. to purchase goods or services that a Participating Store or Participating Website is not permitted to supply to you (for example, a retailer cannot by law sell alcohol to you if you are under 18 years of age).

6. The Gift Card is not reloadable.

5. The Gift Card value

1. 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”).
2. The Remaining Value may be used in whole or in part for future purchases at relevant Participating Stores in accordance with these Terms and Conditions.
3. 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.
4. When you undertake a transaction using the Gift Card you are agreeing to pay the purchase price of that transaction by the reduction of the value of the Gift Card by a corresponding amount.

5. 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.
6. You may check the Gift Card balance (i.e. the Initial Value and Remaining Value), the expiry date and transaction history 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.
7. The Gift Card may only be used to make purchases at Participating Stores for a total value up to the 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.
8. The Gift Card may not be cancelled or exchanged by you for any other type of Gift Card or credit note.
9. 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 goods or services that have been purchased using the Gift Card qualify for a refund, you must provide to the Participating Store proof of purchase. The Participating Store will then process the refund to a Gift Card.
10. 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.
11. 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

6. Changes to and discontinuance of the Metcash Gift Card Program

1. We may, acting reasonably, change these Terms and Conditions:

1. to add or remove categories of Participating Stores;
2. to add or remove categories of Gift Card;
3. for administrative or operational reasons, or to prevent the occurrence of fraud or other unlawful, damaging or unacceptable conduct; or
4. 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.
5. 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 at least 30 days prior to the change(s) coming into effect. Where any such variation negatively affects the benefits of the Gift Card to the Gift Card holder, we will refund the remaining Gift Card value upon request. If you wish to seek a refund on this basis you can contact Metcash via metcashgiftcards.com.au or on 1300 409 245.

2. 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 can continue to be redeemed in accordance with these Terms and Conditions until their expiry date notwithstanding any such discontinuance or termination.

7. Liability

1. You are responsible for your Gift Card and are liable for all transactions made using your Gift Card, except to the extent of any fraud, negligence or other wrongful act or omission of ours or of a Participating Store.
2. We are not responsible for any failures or interruptions in the provision of point of sale 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.

8. 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 Gift Card Program.

9. Applicable Law

These Terms and Conditions are to be construed in accordance with the laws of New South Wales, Australia.

---

E-Gift Card Term and Conditions

The Metcash Digital Gift Card Program is operated by Metcash Trading Ltd ACN 000 031 569 (“Metcash”, “we” “us” or “our“).

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

IMPORTANT NOTE: These terms and conditions were updated and published on 8/11/2023.

They come in to effect:

1. immediately, in relation to Gift Cards purchased from the date of their publication; and
2. after 30 days, in relation to Gift Cards purchased before the date of their publication.

A reference to “you” and “your” is a reference to a digital Gift Card purchaser or a digital Gift Card recipient (as applicable).

1. Definitions

In these Terms and Conditions:

1. “Gift Card” means a digital gift card issued by Metcash that you have purchased or received, including any one of the following: Independent Retailer Digital Gift Card, Shop Local Digital Gift Card, Short-Term Gift Card, IGA Food Digital Card, IGA Digital Gift Card, SUPA VALU IGA Gift Card, Cellarbrations Digital Gift Card, Bottle-O Digital Gift Card, Porters Digital Gift Card, Mitre 10 Digital Gift Card, Home Timber Hardware Digital Gift Card or Total Tools Digital Gift Cards issued by Metcash. This does not include Total Tools Gift Cards issued by Total Tools Licensing Pty Ltd, which are subject to their own Terms & Conditions available at https://totaltoolsgiftcards.viisolutions.com.au/CMS/Page/giftcardterms.
2. “Digital Gift Card Program” means the program operated by Metcash for the issue and redemption of Gift Cards, to which these Terms and Conditions apply.
3. “Initial Value” has the meaning given in clause 3(a)(ii) of these Terms and Conditions.
4. “Participating Stores” means participating IGA bannered stores, including Supa IGA, IGA, IGA X-press, IGA Liquor and IGA Everyday, Cellarbrations, The Bottle-O, Porters Liquor, Mitre 10, Home Timber Hardware and Total Tools stores and any other stores that accept Digital Gift Cards, as notified on the Website.
5. “Participating Websites” means Mitre10.com.au, Homehardware.com.au and any other websites that accept Gift Cards, as notified on the Website.
6. “Remaining Value” has the meaning given in clause 5(a) of these Terms and Conditions.
7. “ShortTerm Gift Card” means a Gift Card issued by Metcash from time to time for a specific short term marketing or promotional purpose and which falls within an exemption under Division 3A of Schedule 2 of the Competition and Consumer Act (Cth) 2010 and section 89(c) of the Competition and Consumer Regulations (Cth) 2010 from the requirement to be issued with a minimum expiration of 3 years from the date of issue. For the avoidance of doubt, Short-Term Gift Cards will have an expiry date which is less than 3 years from the date of issue.
8. “Website” means metcashgiftcards.com.au.

2. Introduction

1. These Terms and Conditions set out the terms of purchase and use of each Gift Card.
2. 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.
3. You should read these Terms and Conditions carefully.
4. 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.
5. 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.

3. Purchasing Gift Cards

1. Subject to paragraph 3(c) below:

1. 1. Gift Cards can be purchased through the Website and any other sales channel specified by Metcash from time to time; and
   2. a minimum purchase value of $5 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 have already been issued). If we decide to do this, we will publish details on the Website.

2. There may be a short delay of no more than one business day between when you purchase the Gift Card and its activation. During the period of delay, the Gift Card cannot be used to make purchases.
3. Short-Term Gift Cards are generally not available for purchase or, if they are, that purchase will be subject to any additional terms and conditions made available at the point of sale or issue, or in any accompanying or related promotional material. Short-Term Gift cards are not loadable by you but will be pre-loaded by Metcash with their Initial Value.

4. Use of and validity of Gift Cards

1. Gift Cards may only be used to purchase goods and services:

9. 1. in-store at the Participating Stores named on the Gift Card. Where you are using a Gift Card to purchase goods or services in store, the Gift Card must be presented at the point of sale; or
   2. online through Participating Websites named on the Gift Card. Where you are using a Gift Card to purchase goods or services through a Participating Website, the Gift Card details must be entered during the checkout process on the Participating Website.

2. Further, some Short-Term Gift Cards may only be use for the purchase of specific types or brands of goods, as detailed either on the Short-Term Gift Card or in any additional terms and conditions made available at the point of sale or in any accompanying or related promotional material.
3. The Participating Stores and Participating Websites that accept Gift Cards may change from time to time and will be displayed on the Website.
4. 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.
5. Each Gift Card is valid until the expiry date displayed on the Gift Card, which will be no less than 3 years from the date of purchase of the Gift Card, except where it is a Short Term Card, in which case the expiry will be shorter than 3 years.
6. A Gift Card transaction is only successfully completed where the transaction is shown as completed on the point of sale equipment of the Participating Store or on the Participating Website (as applicable).
7. The Gift Card cannot be used:

10. 1. to obtain any cash advance or be redeemed for cash;
    2. to purchase another Gift Card;
    3. to pay in-store accounts at a Participating Store;
    4. in relation to finance agreements; or
    5. to purchase goods or services that a Participating Store or Participating Website is not permitted to supply to you (for example, a retailer cannot by law sell alcohol to you if you are under 18 years of age).

8. Gift Cards that are sold as “Food / Grocery only” cards cannot be used to purchase alcohol, tobacco or tobacco-related products, lottery products, gift cards and other restricted products.
9. The Gift Card is not reloadable.

5. The Gift Card value

1. 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“).
2. The Remaining Value may be used to pay in whole or in part for future purchases at relevant Participating Stores or through relevant Participating Websites in accordance with these Terms and Conditions.
3. You acknowledge and agree that the Initial Value and Remaining Value of the Gift Card will be reduced by the value of all subsequent purchases of goods and services that are purchased using the Gift Card at a Participating Store or through a Participating Website, whether or not made by you.
4. When you undertake a transaction using the Gift Card you are agreeing to pay the purchase price of that transaction by the reduction of the value of the Gift Card by a corresponding amount.

5. 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.
6. You may check the Gift Card balance (i.e. the Initial Value and Remaining Value), the expiry date and transaction history by visiting the Website, or calling Metcash on 1300 409 245.
7. The Gift Card may only be used to make purchases at Participating Stores or through Participating Websites for a total value up to the 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 or Participating Website 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.
8. The Gift Card may not be cancelled or exchanged by you for any other type of Gift Card or credit note.
9. Goods or services that are purchased using the Gift Card may be exchanged or returned in accordance with the exchange and returns policy of the relevant Participating Store or Participating Website. In the event that goods or services that have been purchased using the Gift Card qualify for a refund, you must provide to the Participating Store or Participating Website proof of purchase. The Participating Store or Participating Website will then process the refund to a Gift Card.

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

6. Personalised messages

1. This section headed “Personalised messages” does not apply to Short-Term Gift Cards.
2. The Gift Card allows you to include personalised messages for the recipient, which may include photos and videos that you supply.
3. You confirm and promise that you will only submit a photo or video that you own, or that you have permission from the owner of the media and any persons appearing in the content, to use and disclose.
4. You acknowledge and agree that if your message includes a personalised image or video, such image or video will be available for a limited period of time, such time to be notified to you at the time you create the message and after that it may cease to be available.
5. You agree to only submit content that meets Metcash’s Content Policy as set out at the end of these Terms and Conditions.
6. If you upload content that infringes Metcash’s Content Policy, you will pay any losses, costs or expenses Metcash, its related entities, and retailers that are part of the Metcash network incur as a result of possession, printing, modification or other use of the content.
7. Metcash reserves the right to refuse and not fulfil your order if, in its reasonable opinion, it believes the content is unacceptable, inappropriate or does not meet our Content Policy.
8. Variations in image quality and slight changes in position may occur in the finished product. You acknowledge that the finished personalised message is dependent on the quality of the image or video submitted by you.
9. You are responsible for the accuracy of your order, including your email and your recipient’s name and email address. Metcash will deliver the personalised gift card to the email address provided in the order. You agree that the supplied content (including your details) will be used and shared with our suppliers for the management and fulfilment of your order. You grant us and our suppliers the right to use, modify, print, store and reproduce the content for the purpose of providing the personalisation service to you. Any personal information will be handled in accordance with the terms of Metcash’s privacy policy, which is available through the Website, at https://metcashgiftcards.com.au/privacy-policy/.

7. Short Term Gift Cards

1. If the Gift Card is a Short-Term Gift Card, it is valid until the expiry date displayed on the Short-Term Gift Card.
2. The expiry will be less than 3 years from the date of issue.
3. The length of expiry will depend upon the nature and terms of the short term or temporary promotion or offering in respect of which the Short-Term Gift Card is issued.
4. Metcash may publish additional terms and conditions which apply in relation to Short-Term Gift Cards and such terms will either be made available at the point of sale or issue and/or in any accompanying or related promotional material.
5. Except as otherwise noted, the terms and conditions which apply to Gift Cards under these Terms and Conditions apply to the Short-Term Gift Cards.

8. Changes to and discontinuance of the Metcash Gift Card Program

1. We may, acting reasonably, change these Terms and Conditions:

1. 1. to add or remove categories of Participating Stores or Participating Websites;
   2. to add or remove categories of Gift Card;
   3. for administrative or operational reasons, or to prevent the occurrence of fraud or other unlawful, damaging or unacceptable conduct;
   4. 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
   5. where Metcash reasonably considers the change will not be to the material detriment of existing valid Gift Card purchasers or recipients.

2. Notice of changes to these Terms and Conditions will be made available on the Website at least 30 days prior to the change(s) coming into effect. Where any such variation negatively affects the benefits of the Gift Card to the Gift Card holder, we will refund the remaining Gift Card value upon request. If you wish to seek a refund on this basis, please contact Metcash through metcashgiftcards.com.au or on 1300 409 245.
3. 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 withstanding any such discontinuance or termination.

9. Liability

1. You are responsible for your Gift Card and are liable for all transactions made using your Gift Card, except to the extent of any fraud, negligence or other wrongful act or omission by us or a Participating Store or Participating Website.
2. We are not responsible for any failures or interruptions in the provision of point of sale facilities and Gift Card transaction functionality at any Participating Store or Participating Website. We do not guarantee that any particular store will participate in the Gift Card Program and accept Gift Cards.

10. 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 Gift Card Program.

11. Applicable Law

These Terms and Conditions are to be construed in accordance with the laws of New South Wales, Australia.

12. Metcash Content Policy

Any content you supply for the purposes of a personalised message must not:

1. 1. be abusive, defamatory, obscene, offensive or contrary to law;
   2. infringe the rights of any person; or
   3. contain any viruses, malware or the like.