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1. Section A // Terms for all site users:
1. Document Definitions
2. Transactions made using the Gift Card
3. Lost or stolen Gift Cards
4. Your Gift Card, your responsibility
5. Changes to Terms and Conditions
6. Copyright
7. Privacy and Confidentiality
8. Errors and Complaints
9. Force Majeure

1. Document Definitions

"Access PIN" means the 4-digit Access PIN printed on the back of the Gift Card or provided digitally via email;

"Card Number" means the 22-digit number that appears on the back of your Gift Card;

"Gift Card" means the Gift Card that you have purchased from us for use in our store or on our website;

"Remaining Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms and Conditions;

"we", "us" or "our" means a reference to "Snowys Outdoors Pty Ltd. A.B.N. 91 079 380 180";

"you" or "your" means a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

2. Transactions made using the Gift Card

a. Purchases with your Gift Card:

Goods may be purchased from our store or on our website by selecting the goods and taking them to the point of sale operator in our stores or on our website. When making an in-store purchase, the operator will request the Gift Card to be scanned on the barcode on the back of the card, and for the Gift Card serial number and Access PIN to be entered into the pin pad. When making an online purchase, instructions will be provided on our website for the Gift card serial number and the Access PIN to be entered to complete the purchase. The transaction will be completed when the balance has reduced on the Gift Card. No change will be given - any remaining balance on the Gift Card (“Remaining Card Value”) can only be used in whole or part against future purchases subject to these Terms and Conditions.

b. You acknowledge that the Gift Card may not be used:

• to pay a store or credit account;
• to purchase goods or services that are not permitted to be supplied to you under our company policy in the location the sale is to take place
• for purchases by email, phone or fax

c. The Gift Cards that are purchased directly from the Snowys website in the same transaction will be pre-loaded and activated at the same time/concurrently.

d. You agree that we will reduce the Remaining Card Value by the value of all purchases of goods and services that are processed against the Gift Card.

e. Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.

f. You cannot obtain any cash advance with your Gift Card or redeem your Gift Card for cash.

g. Validity and expiry of Gift Cards:

• Gift Cards purchased on or before 30 June 2019, will have an expiry of one (1) year (12 months) from the date of issue. Gift Cards purchased from 1 July 2019, will be valid for use for three (3) years (36 months) from the date of issue. Any balance that remains on a Gift Card purchased will not be available for use once the expiry date has been surpassed.
• To check the expiry date of your Gift Card, call 1300 914 007 (within Australia). You must convey the 22-digit Gift Card serial number and the Access PIN to our service team members. For balance enquiries online, you will be required to enter both the Gift Card serial number and Access PIN on the designated page of our website prior to getting access to the card information.

Re-issue of faulty or damaged Gift Cards: The Gift Cards shall not be replaced by Snowys unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Snowys Outdoors Pty Ltd, its employees, agents or contractors.

Destruction of Gift Card with no value: Once the Remaining Card Value is completely used, please destroy your card by cutting it in half diagonally.

3. Lost or stolen Gift Cards

Please treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.

Can I exchange my Gift Card? You cannot exchange your Gift Card for a different brand, denomination or type of Gift Card or for another tender, cash or discount.

4. Your Gift Card, your responsibility

You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.

5. Changes to Terms and Conditions

To the extent permitted by law, we reserve the right to change any of the terms contained in these Terms and Conditions at any time, including without limitation changes:

to add or remove participating retailers and/or where the Gift Card may be redeemed;

to add or remove goods or services which may be purchased with the Gift Card;

for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;

to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or

where we, acting reasonably, consider that it will not be to your detriment.

If you are unsure and require help with our terms and conditions, please contact our Customer Support Team on 1300 914 007 (within Australia).

6. Copyright

Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to us.

We claim no ownership rights in any photographs and materials you submit to us. You grant to us and to our third party service providers, a perpetual, worldwide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, and distribute your photographs and materials for the purpose of allowing us to provide you with the Gift Card you have requested.

You warrant that you will not make any claim against us or our third party service suppliers, for any use, publication or copying of the photographs and materials you have submitted to us and you waive all rights of action or other claims you may have now or in the future against us in respect of any such use, publication or copying.

Your Infringement of Copyright:

1. We respect the intellectual property rights of others. If we receive a complaint alleging that you have infringed copyright, we will refer the complaint to you for resolution. It will be your responsibility to resolve any such complaint. Should you not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date we refer the complaint to you (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend your Gift Card and/or your order (“Order”) for the Gift Card until such time as the complaint is resolved. If you do not notify us within thirty (30) days of the referral date that the complaint has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate your order and/or permanently suspend your Gift Card.
2. If any person makes any claim against us or our third party service suppliers, claiming that any of the photographs and materials you submit to us, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our third party service providers against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.

7. Privacy and Confidentiality

Refer to the Privacy Policy, which forms part of these Terms and Conditions.

8. Errors and Complaints

1. Gift Cards:
   If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 1300 914 007 (within Australia).
2. Goods or services:
   Subject to the law, any complaints about goods or services purchased with a Gift Card must be resolved directly with the store concerned.

9. Force Majeure

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 which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.