Visa Gift Cards – Virtual & Plastic the Distributor Promotions Terms & Conditions

Visa Gift Cards – Virtual & Plastic the Distributor Promotions Terms & Conditions

These Conditions of Use govern the use and operation of your Visa gift card (“Visa Card”). Your Visa Card is issued to you by iGoDirect Group Pty Ltd ABN 17 110 897 320 (“the Distributor”).

By acquiring this Visa Card, you accept these Conditions of Use. If you give this Visa Card to some-one else, you must tell them that by accepting the Visa Card, they will be accepting these Conditions of Use.

THIS AGREEMENT is entered into on the date of the attached and completed order form between iGoDirect Group Pty Ltd ABN 17 110 897 320 (“ the Distributor”) and the company who purchases the product (“CUSTOMER”).

(“the Distributor”), and the Customer identified on the order form (“CUSTOMER”). WITNESSETH:

WHEREAS, the Distributor is engaged in the business of providing Gift Cards to its customers; and

WHEREAS, CUSTOMER desires to order Gift Cards from the Distributor and the Distributor is willing to deliver the cards pursuant to such order, conditioned, however, upon this Agreement by the parties to comply with the terms, covenants and conditions herein provided.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

1. Inventory.
the Distributor agrees to make available to CUSTOMER Prepaid Visa Cards, Virtual Visa Gift Cards as found in our Card Catalogue, with the understanding that such list is subject to change and that additional brands may also be available upon request.

2. Ordering.
Orders are to be placed as by directed by the Distributor.

3. Pricing.
Pricing is subject to change without notice, and unless otherwise negotiated for a specific order, customer shall pay the Distributor the prices published at

4. Payment.
CUSTOMER will be invoiced for its order and agrees to pay the Distributor the amount stated on the invoice by direct debit transfer prior to order processing. Payment by American Express, Visa, or MasterCard is also available on orders of less than $5,000 for an added convenience fee of 3.5%. Payment must be made, in advance, prior to shipment. the Distributor does not extend credit for any gift cards ordered under this Agreement.

5. Order Processing.
In general, CUSTOMER orders will be processed within two (2) business days from receipt of payment. However, some orders may require additional processing time. Additional time is also required for fulfillment, which varies depending on the type of order (i.e.: electronic, bulk plastic, individually

fulfilled plastic, etc.) and shipping method (i.e.: email, Courier, Express Post mail, etc.).

6. Order Delivery.
Orders are fulfilled as either a) Token Codes or b) Bulk Shipped Plastic Cards.

a) Codes
i) Token Codes may be delivered directly to the recipient by email;
ii) In order to trigger delivery of a Virtual Visa Gift Card, the recipient must redeem their code online at www.the,au
iii) Subject to available inventory, the Distributor typically processes redemption requests within 2 – 4 business days; however, orders may take longer to fulfill and delivery times are not guaranteed.

1. eGift Cards are delivered as link sent by email.
2. Plastic Gift Cards are sent by Australia Post standard mail service.

iv) Codes will expire after 6 months activation period.
v) Redemption requests must be made by an individual recipient to whom the code was given. Requests by CUSTOMER or

CUSTOMER’s representative to redeem codes will not be accepted. Additionally, codes may not be reused by CUSTOMER and

given to another recipient, or redeemed for its own purposes. Any attempt by CUSTOMER to reuse unredeemed codes will result in

the cancellation of the codes. the Distributor does not provide redemption reporting. CUSTOMER acknowledges that some codes may not be redeemed by its recipients and forfeits its interest in any monetary value that may be derived from unredeemed codes.

b) Bulk Shipped Plastic Cards.
If bulk shipping of plastic cards is available and requested, CUSTOMER agrees to acknowledge and accept all responsibility for the potential loss, misplacement, or destruction of the cards. CUSTOMER further releases the Distributor from any and all liability for the bulk shipment and relinquishes any recourse against the Distributor in connection with shipment of the cards. For the security of your shipment, Prepaid Visa Cards are funded at noon central time on the next business day after card activation.

7. Special Handling.
Should CUSTOMER require any special handling, pricing for such handling will be negotiated on a per order basis.

8. Returns.
Returns and exchanges are not accepted by the Distributor All sales and redemptions are final.

9. Events of Default.
CUSTOMER shall be in default under this Agreement upon the happening of any of the following events: (a) default in the payment of any financial obligation owed under this Agreement; (b) Default in the performance of any other obligation, covenant or liability contained in this Agreement or (c) the insolvency, dissolution, termination or discontinuance of CUSTOMER’S business, the appointment of a receiver for CUSTOMER, any assignment of CUSTOMER’S assets for the benefit of creditors or the commencement of any bankruptcy proceeding by or against CUSTOMER as a debtor in such proceeding.

In the event of any default by CUSTOMER hereunder, this Agreement shall terminate and CUSTOMER shall pay all reasonable attorneys’ fees and litigation costs

association with collection or enforcement of this Agreement.

10. Warranties and Disclaimers.
CUSTOMER warrants that it is a duly organized company and that its purchases are for legitimate business purposes and that they are not in conflict with Anti-money laundering laws in Australia the Distributor warrants that it is a duly organized company and that the Gift Cards provided are valid and issued in compliance with the customary terms and conditions of the respective merchant. the Distributor shall not be liable to CUSTOMER or any third party for any indirect, special or consequential damages or incidental damages, including, but not limited to, loss of profit, loss or goodwill, or loss of use of any kind, however caused, whether or not t possibility of such damages was disclosed to either party or could reasonably have been foreseen by the parties at the time of this Agreement. In no event shall any damages claimed for breach of this limited warranty exceed the total amount of this order. No action arising out of this Agreement may be brought by CUSTOMER more than ninety (90) days from the date of shipment of the applicable Gift Cards. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES HEREUNDER, AND MORE PARTICULARLY, THE DISTRIBUTOR MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Advertising.
Unless CUSTOMER has already received approval from the Distributor, prior to use of any Gift Card image or merchant logo on any website or in any advertising, CUSTOMER shall have the Distributor seek written approval on its behalf from the merchant.

12. Indemnification by CUSTOMER.
CUSTOMER shall indemnify, defend and hold harmless the Distributor and its employees and agents from any and all claims by the issuers of the Gift Cards or any other third parties arising from the marketing or use of the Gifts Cards provided under this Agreement.

13. Assignability.
No rights or duties arising under this Agreement may be assigned or delegated by CUSTOMER without the prior written consent of the Distributor.

Subject to the foregoing limitation, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

14. Final Agreement.
This Agreement, including the attached order form, constitutes the entire understanding of the parties hereto and supersedes any and all prior

agreements, understandings or arrangements between the parties relating to the subject matter hereof. No changes, amendments, modifications or alterations of this

Agreement shall be effective unless they are in writing and signed by both parties.

15. Choice of Law.
This Agreement and the rights and obligations of the parties hereto shall be governed in all respects by the laws of the VICTORIA.

16. Force Majeure.
No party to this Agreement shall be liable for failure to perform any duty or obligation that said party may have under this Agreement where such failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the reasonable control of the party who had the duty to perform.

17. Severability.
In the event that any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall remain valid and effective unless the provision found to be illegal, invalid or unenforceable goes to the essence of the Agreement.



PO Box 523 Toowong
QLD 4066
Head Office: Brisbane


IGoDirect Group

PO Box 1070
South Melbourne
VIC 3205

*Subject to peak periods and program requirements.