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Terms & Conditions
Your use of this site is subject to your acceptance of the following terms and conditions. By proceeding to access and/or use this site and the information contained on this website, you hereby acknowledge and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions of use, you are not authorised to access or use this website and you must exit from this website immediately.
Everything But Flowers Limitations of Liability
Without limiting the operation of any other Terms and Conditions herein:
- We will not accept liability for any loss or damage arising from a late delivery.
- We will not accept liability for non receipt of delivery if you provide us with the incorrect delivery details.
- Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
- Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Copyright & Intellectual Property
The copyright in this website belongs to Pinpoint Pty Ltd ABN 49 002 693 656, trading as Everything But Flowers ABN98063418.
This copyright and the trademarks and any other intellectual property rights belonging to third parties appearing in or arising from this website (together, the Intellectual Property) may not be used, copied or reproduced in any way without authorisation from the relevant owner. No licence is granted in respect of any use of any of the Intellectual Property. Unauthorised use of the Intellectual Property and of this website is strictly prohibited. The user agrees to indemnify Everything But Flowers for any losses that it may suffer or claims it may be exposed to as a result of unauthorised use of any Intellectual Property or any other information appearing on this website (which includes any such use by non-Australian residents).
Liability Disclaimer
Access to this website and use of any information contained on it, including the use of a credit card or other debit device, or creation of any liability or obligation in connection with the access to or use of the website is at the user's sole risk. In no event will Everything But Flowers be liable to you or to any third party for any injury, loss, claim, damage, or any incidental or consequential damages (including but not limited to lost profits or savings) arising out of or in any way connected with the use of this website.
We use 128 bit Secure Sockets Layer (SSL) encryption technology to securely transmit your personal information, including your credit card number, over the internet. By using this technology, it is our intention to protect your personal information, however we cannot guarantee SSL provides 100% security. See our Privacy and Security policy for more information.
Jurisdiction
These Terms and Conditions (including the Privacy Policy) and your use of the Everything But Flowers website will be governed by and construed in accordance with the laws of Australia, and you hereby submit to the jurisdiction of courts in NSW.
Changing These Terms And Conditions
We reserve the right to amend or change all or any part of the above terms and conditions.
Resolving Disputes
If you have a dispute with Everything But Flowers over the operation of this website, please let us know by calling 02 9352 3119 and we will try to resolve the problem quickly.
Returns policy: Everything But Flowers will not accept returned goods unless required under the Trade Practices Act 1974 (Cth).
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Everything But Flowers and Everything But Flowers Associates which relate to or are incidental to any transaction.
You agree to indemnify and hold Everything But Flowers harmless from and against any and all claims, loss or expense that may be incurred by Everything But Flowers or Everything But Flowers Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Everything But Flowers and Everything But Flowers Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any Intellectual property or other right of any person or entity.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to Everything But Flowers promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are compatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
Terms & Conditions for the Use of Consumer Universal VISA Gift Cards
Agreeing to these terms
Your signing the signature panel on the back of the card, or your activating the card, or your offering the card to a merchant in full or part payment for goods and/or services signify your acceptance of the Terms & Conditions.
Card delivery
Gift cards are dispatched within two working days from time of order. Allow a further day for postage for Sydney metro areas and up to twelve working days for remote locations. Click here for details.
Activation of the card
Your card must be activated before you can use it. Please visit www.universalgiftcard.com.au or phone the number shown on the card. You will need to enter the card number and the four-digit authentication code supplied when you received your card.
Where the card may or may not be used
The card can be used in any store in Australia or overseas where a VISA pre-paid card is accepted, provided the merchant can process it electronically. The card can not be used for mail or telephone purchases, nor at ATMs.
A small number of merchants displaying the VISA logo are not electing to accept prepaid VISA Gift Cards, including the Universal VISA Gift Card. This includes the Woolworths Group.
The Woolworths Group includes: Woolworths, Safeway, BIG W, Dick Smith Electronics, Power House Tandy, Caltex Woolworths, Caltex Safeway, Woolworths Liquor, Safeway Liquor, Woolworths homeshop, Safeway homeshop, BWS, Dan Murphy.
Purchases using the card
You may offer your card in full or part payment for goods and services. You may make any number of purchases until the balance has dropped to zero.
If the purchase amount exceeds the balance, you must pay the excess using another payment method (e.g. cash, credit card) acceptable to the merchant. You must not use the card to make or attempt to make transactions that exceed the available balance – you will be liable for any negative balance, plus a fee of $15 plus any costs or interest incurred in recovering or attempting to recover from you the amount you owe.
No change will be given.
You cannot "stop payment" on any transaction after it has been completed. If you have a problem with the purchase or a dispute with the merchant, you must deal directly with the merchant.
All transactions (whether by you or someone else) are your responsibility, subject to these Terms & Conditions.
A tip about tips
At restaurants, hotels, hairdressers etc where tips are customary, up to 20% is added to the base value of the transaction when seeking authorisation. Please ensure your card’s balance covers that extra 20% – even if you plan to give a smaller tip, or none at all. For more information on tips, please see the FAQs on our web site.
Checking your card’s available balance and transaction history
You can check your card’s available balance or view your transactions with the card at any time by visiting www.universalgiftcard.com.au or by phoning 1800 174 239 (or 1 954 514 8958 if you are outside Australia).
You will need to enter your card number and your four-digit authentication code to access these details.
Enquiries to the web site are free, but a fee may apply if you phone – you will have the chance to hang up before any amount is charged to your card balance.
Validity and expiry of the card
The card is valid until the end of the month shown on the front of the card. After its expiry any purchase authorisation requests made by merchants will be declined, and any balance will be forfeited. The card remains the property of the Issuer and you must surrender it to the Issuer upon request.
No top-ups. No cash advances. No refunds.
You cannot top up the spending power on your card with additional funds – this is a single-load card.
You may not obtain any cash advance with your card or redeem your card for cash or return the card for a refund. The card is not linked to a bank account or similar account in your name. From the expiry, revocation or cancellation of the card, you have no right to the card’s balance, and the issuer has no further liability to you regarding the balance. The issuer of the card, Heritage Building Society Limited ABN 32 087 652 024, deals with the balance according to its arrangements with Universal VISA Gift Card Pty Ltd.
Authorised transactions
We can treat a transaction with a merchant accepting pre-paid VISA cards as authorised by you:
- if you present the card to pay for a purchase and sign a docket recording the purchase;
- when the card is used in conjunction with electronic equipment;
- when the card details are given in a way acceptable to the Issuer, such as via the internet; or
- when the transaction is arranged through the Universal Gift Card web site or telephone support customer service, after the correct authentication code has been used.
Lost or stolen or damaged card
You should treat an activated card as if it were cash. If you lose the card, or if it is stolen, please phone 1800 174 239 (or +1 954 514 8958 if you are outside Australia) immediately, so the card can be disabled.
We will not reimburse you for any transactions conducted by an unauthorised person prior to your informing us of the card’s loss. You will be protected from any subsequent loss if you satisfy certain conditions.
If the available balance on the lost, stolen or damaged card exceeds $15 at the time you phone, you may order a replacement card, for which a fee of $15 will be charged by deducting it from the card’s balance.
Fees
It is likely that you will never incur any fees for using a Universal VISA Gift Card. However the table below shows such fees (including GST where applicable) as are payable by deducting them from the available balance on the card.
| Online enquiries to www.universalgiftcard.com.au | Card balance Transaction History Enquiry |
Free Free Free |
| Telephone support fees | To report a lost or stolen card Automated enquiry (IVR) Human operator call |
Free $1.10 per call after the first call which is free $4.40 |
| Card replacement fee | Lost / stolen card replacement fee | $15.00 |
| Foreign exchange fee | If card is used for purchases in any currency other than Australian dollars or with any merchant located outside Australia | 2.5% of the Australian dollar amount of the transaction, calculated according to VISA's prevailing exchange rate |
Liability
To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms and Conditions for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause. We accept no liability for any failure to authorise a purchase transaction (even if the balance exceeds the purchase amount at the time of the authorisation request) if such has resulted from the application of prudent risk management tools or if the terminal or system was not working properly. We may restrict or stop the use of a card if excessive use or other suspicious activities are noticed.
You will not be liable for losses resulting from unauthorised transactions where it is clear that you have not contributed to the loss.
You will not be liable for losses resulting from unauthorised transactions that are caused by the fraudulent or negligent conduct of:
- our staff or agents;
- companies involved in networking arrangements; or
- merchants who are linked to the electronic funds transfer system or of their agents or employees.
You will not be liable when unauthorised transactions:
- result from the use of the card before you have received the card;
- are made with forged, faulty, expired or cancelled cards or numbers (as applicable) when you were not responsible for this; or
- are the result of the same transaction being incorrectly debited more than once.
You will not be liable for unauthorised transactions with the card that happen after notification to us that the card has been misused, lost or stolen, provided:
- you had signed the signature panel on the reverse side of the card in permanent ink;
- you notify us of the loss, theft or unauthorised use of the card expeditiously;
- you inform us of the card’s number and the approximate date of its last authorised use;
- you had exercised reasonable care in safeguarding the card from loss or theft;
- you have not reported two or more incidents of loss theft or unauthorised use to us in the preceding 12 months; and
- you report all facts of the loss or theft to us and you co-operate in our investigation.
You will be liable for losses resulting from all unauthorised transactions where you contribute to the losses through fraud or breaching these Terms and Conditions.
Disclaimers
We are not liable:
- if we do not authorise a purchase transaction (even if the available balance immediately before the authorisation request exceeds the amount of the transaction);
- if a terminal or system does not work properly;
- if circumstances beyond our control prevent a transaction;
- for any failure due to events outside our reasonable control;
- for any system failure or industrial dispute;
- for the way in which any refusal to accept the card is communicated;
- for any indirect, special or consequential losses;
- for any infringement by you of any currency laws in the country where the card is issued or used;
- in relation to any dispute between you and the supplier of any goods or services purchased with the card;
- if we take any action required by any government, federal or state law or regulation or court order; or
- for anything specifically excluded or limited elsewhere in these Terms and Conditions.
Our liability in any event will not exceed the amount of the available balance.
Although considerable effort is expended to make our web site and other operating communication channels available at all times, no warranty is given that these channels will be available and error-free every minute of every day.
We accept no liability for the performance, safety or any other attribute of the goods and services purchased with the card. Any complaints about the goods or services purchased with the card should be addressed to the merchant from whom they were obtained.
Privacy and confidentiality
We are committed to adhering to the National Privacy Principles.
We will not disclose your personal details to anyone except for the purpose of managing and processing this pre-paid card business, or as required by law. Thus information may be disclosed to contractors or third party service providers who supply to us administrative, telecommunications, processing or other services in connection with pre-paid cards, but only to the extent reasonably necessary for the purpose of the services they are contracted to provide. They are obliged to keep the information secure and confidential. Those contractors or third party service providers may be outside Australia, and you consent and agree that information may be disclosed to those parties for the purpose of managing and processing this pre-paid card business.
You agree that telephone calls to customer service may be recorded or monitored for quality control or security purposes.
Complaints
If you have a complaint or suggestion, please contact Universal VISA Gift Card at 145 Darling St, Balmain NSW 2041 or by email to info@universalgiftcard.com.au, and we will try to resolve a problem or adopt your suggestion promptly. If appropriate, we may invoke the dispute resolution system of the card Issuer.
Communications
You agree that we may give written notices or other communications to you either by writing to you at your residential or postal address last known to us, or, if the notice or communication is not personal to you, by publishing a notice in a newspaper circulating nationally in Australia.
Changes to Terms and Conditions
We reserve the right to change the Terms & Conditions at any time.