Terms & Conditions
admin posted in Uncategorized on March 30th, 2008
Gift Card Order - Conditions Cards4all Pty Ltd ACN 118809886.
Booking Procedures:
Requests to purchase Gift Cards must be made by completing the Cards4all Gift Card Order form (the “Order”). Details to be printed onto the front of the Gift Card (the “Print”), the design of the Gift Card (the “Card Design”), the layout of the Gift Card (the “Layout Style”), the box style for the Gift Card (the “Box Style”), the Gift Card Value [if any] (the “Card Value”) and the quantity of Gift Cards required must be clearly outlined on the Order. The Print, Design, Layout, Box Style and CardValue together are the “Print Layout” The Cards4allAgent will confirm on the Order the cost of supplying the Print Layout.Cards4all must receive payment in full by cleared funds from the Merchant prior to any Print Layout being prepared by Cards4all or Gift Cards being produced. Cards4all will design the Print Layout using the details and artwork provided by the Merchant in the Order and where requested, will post or email the Print Layout to the Merchant for approval. The Merchant must notify Cards4all of any alterations to the Print Layout within 2 business days of submission. Any alteration to the Print Layout required due to an error by Cards4all will incur no additional charge. Where a Merchant, after Print Layout approval but prior to production, wishes to alter the Print or Design, an alteration fee (minimum $90 plus GST) will be incurred by the Merchant.
An order will be deamed a contract when the Merchant accepts the final art proof, provision of preliminary designs or other artwork does not infer nor constitute a contractual obligation to provide cards.
Cards4All Obligations to theMerchant:
To supply Print Layout for and the quantity of the Cards ordered. To use reasonable endeavours to meet the request of the Merchant for additional Cards. To encourage Cards4all Hosts (”Hosts”) including loyalty system participants (”Loyalty Participants”) to sell the Merchant’s Cards to the Hosts’ customers provided always that Hosts may elect by notice to Cards4all to exclude certain categories of goods or Merchants’ Cards from appearing on their stands and to utilise loyalty cards for the behalf of the Merchant. To promote the Cards4all program by placing promotional material at Host’s premises.
Merchants Obligations:
To ensure the accuracy of Print Layout details prior to the Order being dispatched and upon receipt of the Print Layout for approval. To ensure that all terms and conditions and exceptions (if any) to Card use in the Merchant’s business are clearly stated to customers. To use the Merchant’s best endeavours to promote the Cards4all program and to provide quality service to all customers. To pay Cards4all in full with each Card order. To ensure that any equipment provided by Cards4all (the “Equipment”), which remains the property of Cards4all, is maintained in good condition and is appropriately displayed and utilised. To honour the full loaded value of a Card branded with the Merchant’s Print Layout presented by a customer in payment for goods or services offered by the Merchant. To load the agreed value of the Card, up to the face value, upon receipt of payment from the customer of the agreed value (the “LoadedValue”) or upon successful completion of the negotiated arrangement with the customer. Not to make any facsimile, copy or otherwise reproduce any part of a Card, sales materials, point of sale materials, Equipment or any systems associated with the Cards4all Card program, without the prior written consent of Cards4all. To allow Cards4all to use the Merchant’s Card and all images, discussions, communications, sales data and other information associated with the Merchant’s Card for the general promotion of the Cards4all Cards program. To permit Cards4all and Hosts including Loyalty participants to sell (and participate in the loyalty program of) the Merchant’s Cards on the Merchant’s behalf to customers for fee(s) charged to the customer and the Merchant and to pay the fee(s) charged to the Merchant upon request. To permit Cards4all to exclusively market their Cards and to exclusively sell their Loyalty Program to Loyalty Participants, for a minimum period of three years of each order. To prominently display the phrase “ www.cards4all.com.au - the electronic card specialists” in all magazine, newspaper, radio, television or internet advertising that it participates in, where the image of any Card is used, in such a way as to clearly identify how to contact Cards4all.
General:
The Merchant releases Cards4all from all liability for any loss, expense or damage suffered by the Merchant, their officers, employees and/or customers arising from the use of Cards or their images or the systems associated with the Cards4all Card program. The Merchant will make no claims against Cards4all, or the monies transacted in conjunction with them, other than as written within this document and the Merchant understands that all verbal communications are superceded by this document. The Merchant indemnifies Cards4all and will hold Cards4all harmless from all claims by third parties connected in any way with the Cards, their use or their sale. Cards4All reserves to itself the right to decline any Gift Card Order. Cards4all will refund payment in respect of any declined Card order to theMerchant. Cards will operate on any EFTPOS terminal unless the Merchant nominates in writing otherwise and then only within the Cards4all group of Merchants which may include the Merchant’s nominated premises, where the Merchant pays the appropriate fee; and only if there is unused LoadedValue on the Card. If an EFTPoS system fails to recognise a Card or unused Loaded Value on the Card tendered by a customer, the Merchant can require proof of purchase of the Loaded Value on the Card from the customer. Any service difficulty should be referred to Cards4all by calling the help desk on 1300 739 889 or by visiting www.cards4all.com.au Cards expire 1 year after purchase. Cards remain the property of Cards4all and any unused Loaded Value remaining after the cancellation of or expiration of the Card becomes the property of Cards4all, subject to the HBSC & BSC provisions within the card contract. Cards4all reserves the right to alter, adjust, or impose discretionary charges or adjust receipts in respect of Cards, funds associated with the Cards or the administration cost of the Cards at Cards4all discretion and without prior notice. The unused Loaded Value on a Card can be verified by visiting www.cards4all.com.au or by calling the help desk on 1300 739 889. Attempts to double reload a Card, that is to load it more than once will result in the cancellation of the card and suspension of the Fund Card and Merchant account associated with that card. Part or all of any clause of these Conditions that is illegal or unenforceable will be severed from these Conditions and will not affect the continued operation of the remaining provisions of these Conditions. Privacy, Cards4all reserves the right to use all information provided to conduct commercial activities with affliated business.
Definitions used in the Order:
CF, Card Fee, the charge to the Merchant by Cards4all for selling the Merchants Card on their behalf; HF, Host Fee, the charge to the Merchant by Cards4all to pay the External Host for selling the Merchants Gift Card; HBSC, Host Breakage Share Component, the percentage of the Breakage of the Card that the Host participates in (taken from the Merchants BSC); REF, Reference, the funds utilised to establish a MerchantAccount to pay TF; DIS, Disbursement, the fee paid by the Loyalty Participant to the Merchant; DSC, Disbursement Share Component, the percentage of the Disbursement paid to Cards4all by the Merchant; PF, Participation Fee, the percentage of the load value of the Card which is paid by the Merchant to Cards4all; TF,Transaction Fee, the fee for loading and redemption of Cards and activity within the Loyalty Program; BSC, Breakage Share Component, the percentage of the Breakage of the Card that the Merchant participates in;AKF, Account Keeping Fee (for individual Cards), the monthly charge to maintain the account; MIS, any Miscellaneous charge.
Procedure for Sale of a Gift Card on the Premises
The Card is to be loaded with the LoadedValue using the refund button on the Merchant’s EFTPoS card reader OR using the Bpay system (biller code: 494450 and reference number: [16 digit card number ]) OR as a direct deposit [pay Anyone banking] (BSB 804-118 and account number) OR as a direct card to card transfer using the platform providers system. The printed EFTPoS receipt confirming the Loaded Value or an internet computer printout is to be given to the customer at the time of the transaction. The receipt/printout is evidence that the agreed LoadedValue has been processed onto the Card and can be used as proof of purchase. The LoadedValue and purchase/activation date are to be legibly written in ink in the space provided on the presentation hanger of the Card and the LoadedValue and expiry date written on the back of the loaded Card.