Gift Card program operated by:

James Street Initiative Pty Ltd ACN 164 358 463

Level 1, 60 James St, Fortitude Valley, QLD 4006

www.jamesst.com.au

Gift Cards issued by Cards4all Pty Ltd

These Terms and Conditions ("Terms") govern the use of any Gift Card program or promotion provided by James Street Initiative Pty Ltd ACN 164 358 463 (“us”, ”we” or “our”) through the James Street Initiative website (“our Site”).

1. Definitions

Terms and Conditions means the Terms and Conditions by which you are legally bound.

Activate defines the initial loading of value onto a James St Gift Card. The day that the Gift Card is “processed”.

Card Balance is the unspent value of a James St Gift Card.

Card Number means the 19-digit number appearing on the back of a James St Gift Card.

Dispatch Date is the date the James St Gift Card was mailed to/dispatched the Recipient of the Gift Card.

Expiry Date means 36 months (three years) from the date of purchase of the James St Gift Card, after which any remaining funds on a James St Gift Card will not be available for redemption as required by law. All remaining funds after this date shall be considered forfeited.

Gift Card means a physical James St Gift Card issued in conventional plastic form.

Issuing Card Company refers to the card issuing service (Cards4all Pty. Ltd. ACN 99 118 809 886) that supplies and administers to all James St Gift Cards.

James St Gift Card means the Gift Card issued by us to you as a physical Gift Card. Also referred to as ‘Gift Card’.

Participating Retailer means any participating businesses listed on the Website which accepts payments using the James St Gift Card, as amended sometimes for currency. Please refer here for full and up-to-date details.

PIN is the 4-digit number on the back of a James St Gift Card which is required to make a transaction or transaction enquiry.

Recipient means the person who receives the James St Gift Card which includes the purchaser and/or receiver.

Redeem means to use in-full, wholly or in-part reduce the initial or entire value issued on the James St Gift Card by using the James St Gift Card to purchase goods or services. Redeemable, Redeemed and Redemption have corresponding meanings.

You and your is a reference to the person (Recipient) who agrees to these Terms and Conditions as required to comply with and in complete agreement to act under these Terms and Conditions as prescribed by law.

2. Agreement

• These terms and conditions apply to each James St Gift Card issued by us.
• As a purchaser or recipient, you agree and are bound by these Terms and Conditions by purchasing, accepting, activating, using, or attempting to use a James St Gift Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Gift Card.
• By purchasing, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Gift Card, you warrant to us that you will comply with these Terms and Conditions and all applicable laws and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers or any other parties known or otherwise as prescribed by law.
• If you are giving a Gift Card to another person, you should ensure that they are aware of the Terms and Conditions that apply to the Gift Card and the relevant Expiry Date of the Gift Card as defined as a maximum of three (3) Years from date of issue.

3. Application

These Terms:

• apply when you purchase or receive any Gift Card provided by us;
• are in addition to and supplemental to the James Street Terms and Conditions which can be accessed here;
• apply to any use of any Gift Card provided by us whether by you or any other person; and
• are in addition to and supplemental to the Terms of the Issuing Card Company which can be accessed here.

4. Gift Cards

The James St Gift Card is a physical card that can only be used in-store at Participating Retailers on James St. It is not a digital card, nor can it be used or online transactions.

Gift Cards can be purchased online at jamesst.com.au using a debit or credit card (excluding American Express). Payment is required (including payment clearance) prior to the Gift Card being activated, processed or Dispatched.

• Gift Cards:

         - Cannot be used at an ATM;

         - cannot be exchanged for money and are not a security;

         - will not be exchanged, refunded or replaced if lost, stolen, misdirected, deleted, damaged,                           defaced, tampered with or destroyed;

         - cannot be cancelled, extended, exchanged or refunded after the Gift Card has been purchased;

         - cannot be used to make a credit card payment or other transaction payments.

• Gift Cards are sold for the personal use of the purchaser or the recipient of the Gift Card only unless express consent has been provided in writing from us. We reserve the right to cancel any Gift Cards found to be in violation of the below these Terms. A Gift Card cannot be:

         - re-sold;

         - re-distributed;

         - used as a promotional prize;

         - used for fundraising activities;

         - used for marketing activities.

• Gift Cards found to have been resold, redistributed, used as a promotional prize, as a fundraising offer, or for any marketing activities are in breach of this clause may be considered invalid and cancelled. We are not obliged to allow the Recipients of those cards to use or Redeem unspent value on their Gift Cards.
• The range of Gift Cards available on our Site may change from time to time, without notice.
• The number and value of Gift Cards able to be purchased by you may belimited by us from time to time.
• Gift Cards may only be used to purchase goods or services from our Participating Retailers as listed on our Site.
• Gift Cards are valid for thirty-six (36) months from the date of purchase and any unused value at the end of thirty-six (36) months will not be refunded.

5. Activation

• Gift Cards are Activated and dispatched or ready to collect within 3-working days. Processing days are limited to Tuesday and Thursday weekly (excluding public holidays and office closure periods). We reserve the right to amend processing dates without notification. Any change to processing dates will be noted on our Site.
• Orders selected for pick-up from our office will be notified by email when the Gift Card has been Activated and is ready for collection. Collection can be made from 9am-5pm, Monday to Friday (excluding public holidays and office closure periods) at Level 1, 60 James St, Fortitude Valley, QLD.
• Orders selected for postage are sent via Registered Australia Post and are subject to Australia Post delivery times. Typically they will be received within 3-6 business days from the date it is posted. James St will not be held accountable for any delays caused by Australia Post and/or its affiliated agents. 
• Orders selected for postage will receive tracking information from giftcard@jamesst.com.au. It is the responsibility of the Recipient to track orders using the provided tracking details. If the shipment has not been received within 3-6 business days, the recipient must contact Australia Post to request tracking support. Australia Post will only provide support and tracking information to the dedicated recipient.

6. Redeeming a Gift Card

• Your Gift Card can be Redeemed for goods and services from Participating James St Retailers (see list here) up to the value loaded onto the Gift Card. The value Redeemed is deducted from the Card Balance.
• The James St Gift Card is a physical card and must be swiped through an EFTPOS terminal to Redeem for goods and services from Participating Retailers. The Gift Card cannot be tapped or inserted.
• Every effort is made to ensure ease of use of the Gift Card at listed Participating Retailers. If the card cannot be redeemed at the time of use, we will aim to resolve it as soon as possible after attempted use within three (3) business days (excluding Public holidays). Examples of when this might happen include internet outage, balance less than attempted redemption, faulty card, EFTPOS terminal issue, system failure, Retailer error or human mistake.
• Your use of the Gift Card at Participating James St Retailers is subject to the policies (and, where applicable, other terms and conditions) of the Participating Retailer regarding the goods and services made available by it. For example, if you are under the age of 18 years, your Gift Card cannot be Redeemed for products such as alcohol.
• Where the price of the goods or services being purchased with the Gift Card exceeds the Card Balance, you must pay the amount in excess of the Card Balance by an alternative payment method at the discretion of the relevant Participating Retailer, using a split payment method.
• The Redemption of Gift Cards is restricted to the purchase of standard retail quantities of goods.

7. Limitations

• A minimum of $20 and a maximum of $500 can be loaded on each Gift Card.
• At our absolute discretion, we may change the minimum and maximum amounts that can be loaded on Gift Cards. If we decide to do this, we will publish details on our Website.
• The Gift Card is not reloadable.
• The Gift Card is valid for use until the Expiry Date as displayed on the Gift Card.
• The Gift Card Expiry Date cannot be extended. Once your Gift Card has reached its Expiry Date, any unspent value cannot be used or Redeemed by you or its recipient.
• Gift Cards cannot be used for online purchases, or on SQUARE or Shopify terminals in Australia.
• Once your James St Gift Card has reached a nil balance it cannot be reloaded or reactivated.
• After a Gift Card has been loaded you cannot subsequently add value to it.

8. Transaction Enquiries

• You can check your Gift Card transaction history and Card Balance by:

         - Visiting our Website here; or

         - Calling the office on (07) 3850 0111 during office hours.

• To make a balance enquiry on your Gift Card you must provide your Card Number and PIN when prompted.

9. Acknowledgements

You acknowledge and agree that:

• Gift Cards are offered subject to availability.
• Some Gift Cards are subject to capacity controls or limited availability, and this may result in them becoming unavailable before an order can be fulfilled.

10. Liability

We:

• are not liable for the loss, theft or destruction of a Gift Card and do not issue replacements;
• are not responsible for the provision of any products or services supplied to a holder of a Gift Card upon redemption of the Gift Card or for any misunderstanding or dispute between you and any participating retailer;
• are not liable for any value on a Gift Card which is not redeemable if a participating retailer ceases to offer any product or services;
• reserve the right to cancel any Gift Card that we suspect has been purchased in connection with a fraud.

11. Your Responsibility for Security of Gift Card

Once a Gift Card has been Dispatched, it becomes the responsibility of the Recipient.

The Recipient is responsible for the safe storage and security of a Dispatched Gift Card which may used by anyone holding it to make purchases and reduce its balance.

If the Gift Card is Dispatched by mail, the Recipient will be provided tracking advice via email. The Recipient is responsible for ensuring that the correct postal details are supplied and is responsible for the safe receival and tracking of the Gift Card. If tracking advice is lost, call us at (07) 3850 0111 or email giftcard@jamesst.com.au to receive the tracking details.

• If you report a stolen or lost Gift Card to us by calling (07) 3850 0111 or emailing giftcard@jamesst.com.au providing its card reference number, original balance, expiry date and pin number, we may be able cancel that Gift Card at the discretion of the Issuing Card Company.

12. Privacy

You agree that any personal information provided to us in relation to a Gift Card shall be dealt with under our Privacy Policy.