JB HI-FI CORPORATE GIFT CARDS ORDERING TERMS AND CONDITIONS
These Ordering Terms and Conditions apply to all Orders made by customers using an Account on the Website. By completing registration and creating an Account on the Website, "you/Customer" agree to be bound by these Ordering Terms and Conditions.
The following definitions apply to these Ordering Terms and Conditions.
"Account" means the account created by you when you register your company details on the Website.
"Account Details" means your login and password for your Account.
"Bulk Activation Code" means the activation code sent to you by email to the Delivery Email Address to activate Physical Gift Cards in an Order.
"Business Day" means days that are Monday to Friday excluding Victorian and National public holidays.
"Delivery Address" means the address to which the Physical Gift Cards are to be delivered as stated on the Order.
"Delivery Email" in relation to an Order for Digital Gift Cards, means the email sent to the Delivery Email Address in accordance with clause 7(a).
"Delivery Email Address" means the email address specified in your Order as the email address to which Digital Gift Cards are to be emailed to.
"Digital Gift Card" means a Gift Card in the form of a printable, electronic file.
"Gift Card" means a JB Hi-Fi Gift Card.
"GST" means the goods and services taxation regime instituted pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related Commonwealth Acts, regulations, determinations and rulings associated with or made under any of those Acts.
"JB Hi-Fi" means JB Hi-Fi Group Pty Ltd ABN 37 093 114 286 of Podium Level, 60 City Road, Southbank, Victoria 3006.
"JB Hi-Fi API" means JB Hi-Fi's application programming interface (API) that enables Company to place an Order on the Website.
"Order" means an order by you to purchase Gift Cards from JB Hi-Fi via the Website, via the JB Hi-Fi API or via the JB Hi-Fi Corporate Gift Card Team.
"Physical Gift Card" means a Gift Card in the form of printed, plastic card.
"Purchase Price" means the price quoted by JB Hi-Fi for an Order.
"Website" means the JB Hi-Fi Corporate Gift Card website at corporategiftcards.jbhifi.com.au.
"You" means the purchaser of any Gift Cards from JB Hi-Fi and who places an Order.
"Account" means the account created by you when you register your company details on the Website.
"Account Details" means your login and password for your Account.
"Bulk Activation Code" means the activation code sent to you by email to the Delivery Email Address to activate Physical Gift Cards in an Order.
"Business Day" means days that are Monday to Friday excluding Victorian and National public holidays.
"Delivery Address" means the address to which the Physical Gift Cards are to be delivered as stated on the Order.
"Delivery Email" in relation to an Order for Digital Gift Cards, means the email sent to the Delivery Email Address in accordance with clause 7(a).
"Delivery Email Address" means the email address specified in your Order as the email address to which Digital Gift Cards are to be emailed to.
"Digital Gift Card" means a Gift Card in the form of a printable, electronic file.
"Gift Card" means a JB Hi-Fi Gift Card.
"GST" means the goods and services taxation regime instituted pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related Commonwealth Acts, regulations, determinations and rulings associated with or made under any of those Acts.
"JB Hi-Fi" means JB Hi-Fi Group Pty Ltd ABN 37 093 114 286 of Podium Level, 60 City Road, Southbank, Victoria 3006.
"JB Hi-Fi API" means JB Hi-Fi's application programming interface (API) that enables Company to place an Order on the Website.
"Order" means an order by you to purchase Gift Cards from JB Hi-Fi via the Website, via the JB Hi-Fi API or via the JB Hi-Fi Corporate Gift Card Team.
"Physical Gift Card" means a Gift Card in the form of printed, plastic card.
"Purchase Price" means the price quoted by JB Hi-Fi for an Order.
"Website" means the JB Hi-Fi Corporate Gift Card website at corporategiftcards.jbhifi.com.au.
"You" means the purchaser of any Gift Cards from JB Hi-Fi and who places an Order.
2. Gift Card Terms and Conditions
JB Hi-Fi's Gift Card Terms and Conditions apply to the use of any Gift Cards that are purchased by you. These are available at https://corporategiftcards.jbhifi.com.au.
Nothing in these Ordering Terms and Conditions shall be read or applied so as to exclude, restrict or modify, or have the effect of excluding, restricting or modifying any condition, warranty, guarantee or right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded restricted or modified.
4. Information about JB Hi-Fi's liability to you and your liability to JB Hi-Fi
Except to the extent caused by JB Hi-Fi's negligence or breach of these Ordering Terms and Conditions, or as otherwise required by law, JB Hi-Fi shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Account or Account Details which takes place before you notify JB Hi-Fi; (iii) your Order information being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by JB Hi-Fi; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of JB Hi-Fi; (vi) cancellation of your Order; (vii) delay in delivery of an Order to you beyond the reasonable control of JB Hi-Fi; (viii) any delay in you receiving any refund due to you beyond the reasonable control of JB Hi-Fi; or (ix) any late, lost or misdirected deliveries of Orders beyond the reasonable control of JB Hi-Fi; (x) any loss, damage, cost or expense suffered as a direct or indirect result of JB Hi-Fi leaving the Order in accordance with any "authority to leave" given by you; (xi) any breach of these terms and conditions by you; (xiii) any other loss to the extent resulting from something outside of our control and within your control.
5. Company Registration and Account Activation
- You must first create an Account by registering your business with JB Hi-Fi on the Website prior to placing an Order.
- JB Hi-Fi may in its sole discretion terminate or suspend your Account if JB Hi-Fi believes acting reasonably and in good faith that this is necessary to protect you or JB Hi-Fi from fraud or other unlawful or unauthorised use.
- If your registration is approved, you will receive login details for your Account via email consisting of a username and a temporary password to enable you to login to the Website and confirm your registration.
- You must keep your Account Details secure. Any Order placed using your Account Details will be deemed to be a valid and authorised by you.
- You acknowledge that JB Hi-Fi may allow access to the services offered on the Website to anyone who enters the Website (including via the JB Hi-Fi API if applicable) using your Account Details. Your Account Details are our way of identifying a user and providing access to the JB Hi-Fi Corporate Gift Card service.
- You must notify us immediately by calling the JB Hi-Fi Corporate Gift Card Sales team on 1300 746 752 if you know of or suspect any unauthorised use of this Website and service, including unauthorised access utilising your Account Details.
- Placement of an Order by you is an offer by you to purchase the Gift Cards you have specified in the Order. To place an Order, you must login to your Account and complete and submit an Order. You can also place an Order by contacting the JB Hi-Fi Corporate Gift Card Team on 1300 746 752 or e-mailing your request to corporategiftcards@jbhifi.com.au, or via the JB Hi-Fi API.
- JB Hi-Fi may choose not accept your Order where:
- technical difficulties impact our ability to process your Order;
- JB Hi-Fi, acting in good faith, is unable to obtain sufficient quantities of Physical Gift Cards to fulfil your Order within a reasonable time;
- an event beyond JB Hi-Fi's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third party computer systems, means that JB Hi-Fi is unable to supply the Gift Cards within a reasonable time;
- JB Hi-Fi believes, acting reasonably and in good faith, that this is necessary to protect you or JB Hi-Fi from fraud or loss.
- Subject to clause 6d) below, an Order placed by you only becomes binding on JB Hi-Fi once JB Hi-Fi has accepted the Order and when JB Hi-Fi has received payment in full from you for the Order. If JB Hi-Fi accepts your Order you will receive an Order statement confirming acceptance of your Order by JB Hi-Fi.
- An Order placed by you using the JB Hi-Fi API becomes binding on JB Hi-Fi when JB Hi-Fi has accepted the Order.
- Each Order that you place will, if accepted by JB Hi-Fi, be a separate and binding agreement between you and JB Hi-Fi with respect to the supply of the relevant Gift Cards, in accordance with these Ordering Terms and Conditions.
- JB Hi-Fi may not be able to, or may decline to, accept payment from you by your nominated payment method:
- where our fraud detection systems detect possible irregularities;
- because your financial institution or other payment provider has declined payment;
- because your payment card has expired;
- where technical difficulties impact our ability to process payment; or
- in any other situation if JB Hi-Fi believes acting reasonably and in good faith that this is necessary to protect you or JB Hi-Fi from fraud or loss.
- You will receive a tax invoice(s) from JB Hi-Fi once your Order has been accepted and JB Hi-Fi has received payment in full from you for the Order.
- JB Hi-Fi will use its reasonable endeavours to ensure that any Orders placed by you:
- for Physical Gift Cards, are fulfilled within 3-6 Business Days after the date on which payment in full for the relevant Order is received from you or in the case of Orders for Physical Gift Cards placed via the JB Hi-Fi API, within 3-6 Business Days of acceptance of the Order by JB Hi-Fi; or
- for Digital Gift Cards, are fulfilled within 24 hours after payment in full for the relevant Order is received from you, or in the case of Orders for Digital Gift Cards placed via the JB Hi-Fi API within 24 hours of acceptance of the Order by JB Hi-Fi.
- JB Hi-Fi reserves the right to cancel, at any time before delivery, an Order that it has previously accepted where:
- JB Hi-Fi, acting in good faith, is unable to obtain sufficient quantities of Physical Gift Cards to fulfil your Order within a reasonable time;
- an event beyond JB Hi-Fi's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third party computer systems, means that JB Hi-Fi is unable to supply the Gift Cards within a reasonable time;
- you ask JB Hi-Fi to cancel your Order in accordance with clause 5(i);
- the Order is not paid for in full within 30 days of the Order being placed by you;
- despite JB Hi-Fi using reasonable efforts to do so, an Order for Physical Gift Cards cannot be delivered to you within 30 days of the dispatch date because there is no one to accept delivery of the Order at your nominated Delivery Address;
- despite JB Hi-Fi using reasonable efforts to do so, an Order for Digital Gift Cards cannot be delivered to the Delivery Email Address or
- in the circumstances set out in clause 5(e).
- You may cancel an Order in full by providing written notice to JB Hi-Fi prior to payment being made by you. You may not cancel part of an Order.
- If JB Hi-Fi cancels an Order in accordance with these Ordering Terms and Conditions, JB Hi-Fi will refund any money received from you for the Order in the form of the payment method used by you to purchase the Order. If an Order is cancelled, the Gift Cards which were the subject of that Order can no longer be used and should be destroyed. To discuss the cancellation of an Order, contact the JB Hi-Fi Corporate Gift Cards Team via corporategiftcards@jbhifi.com.au.
- You may pay the Purchase Price to JB Hi-Fi by direct deposit or by credit card (MasterCard and Visa).
- Payment of the total Purchase Price must be made in full in cleared funds before the Gift Cards in the Order will be dispatched.
8. Delivery – Physical Gift Cards
- Orders for Physical Gift Cards will be delivered to the Delivery Address.
- Physical Gift Cards are only available for delivery in Australia and will not be delivered to a PO Box Address or Locked Bag.
- An adult must be available to sign for Physical Gift Cards on delivery. Anyone at the Delivery Address who receives the Physical Gift Cards shall be presumed to be authorised to receive the Physical Gift Cards on your behalf. If no one of the appropriate age is at the Delivery Address to receive the Physical Gift Cards (or the person is unable or unwilling to provide appropriate proof of age), the Physical Gift Cards will not be delivered and the delivery provider will leave a calling card for you to make contact and arrange another time for delivery.
- Acceptance of the Physical Gift Cards in accordance with clause 7(c) shall be evidence that the Order was delivered in full and in good condition, unless you notify us within 24 hours of the time of delivery that there is an error or discrepancy in the delivery docket. Risk and title in Physical Gift Cards pass to you upon delivery of the Physical Gift Cards to your nominated Delivery Address.
9. Delivery – Digital Gift Cards
- Orders for Digital Gift Cards will be fulfilled by an email, which contains a hyperlink to the Digital Gift Cards, being sent to the Delivery Email Address.
- It is your responsibility to ensure that the Delivery Email Address:
- is correctly spelt in the Order;
- has sufficient free storage capacity to receive incoming emails; and
- is secure from unauthorised access.
- The delivery fees for Physical Gift Cards will be specified in the Order. The delivery fee is $9.95 per Delivery Address specified in an Order for Physical Gift Cards. Delivery fees quoted are GST inclusive. No delivery fees apply to Orders for Digital Gift Cards.
11. Order Activation for Physical Gift Cards
- Physical Gift Cards must be activated prior to first use.
- It is the responsibility of you (or your nominated delivery recipient) to ensure that Physical Gift Cards are activated.
- Physical Gift Cards must be activated using the:
- Order number; and
- Bulk Activation Code.
- You will receive an 'Order Confirmation' containing the Bulk Activation Code for each Order for Physical Gift Cards. It is your responsibility to provide a Delivery Email Address for the Bulk Activation Code.
- It is the responsibility of the person who places the Order for Physical Gift Cards and the nominated delivery recipient to keep the Bulk Activation Code confidential. The Bulk Activation Code must not be revealed to any unauthorised person.
- Please check any Order you place for Physical Gift Cards carefully prior to activation. If you find a discrepancy, do not activate the Physical Gift Cards in that Order or distribute any of the Gift Cards, and contact JB Hi-Fi Corporate Gift Cards Team immediately via corporategiftcards@jbhifi.com.au.
- JB Hi-Fi's policy on the collection, use and disclosure of customers' personal information is set out in its Privacy Policy which is accessible here. You should read this policy before providing any personal information to JB Hi-Fi. By providing the personal information requested when creating an Account, you agree to this policy.
- You warrant and represent to JB Hi-Fi that none of the Gift Cards purchased on the Website are for domestic (non-business) use.
14. Use of JB Hi-Fi Intellectual Property
- You must obtain JB Hi-Fi's prior written approval on each occasion you propose to use any JB Hi-Fi intellectual property in relation to Gift Cards by submitting a marketing approval brief form which may be requested by emailing corporategiftcards@jbhifi.com.au. Submission of a marketing approval brief to JB Hi-Fi does not guarantee automatic approval to use any JB Hi-Fi intellectual property in any promotion in relation to Gift Cards.
- If JB Hi-Fi approves your use of JB Hi-Fi's intellectual property in relation to Gift Cards, you must comply with all instructions JB Hi-Fi gives to you from time to time in relation to such use of JB Hi-Fi's intellectual property. Without limiting the foregoing, any terms and conditions for any program or promotion that you are operating which may incorporate Gift Cards must contain a statement that "JB Hi-Fi is not the promoter" of the program or promotion or an equivalent statement, and clearly state that the program or promotion is managed by you (as the "promoter") and is in no way supported or endorsed by JB Hi-Fi.
- You agree to immediately withdraw or amend any material that uses or incorporates JB Hi-Fi 's intellectual property upon request by JB Hi-Fi, notwithstanding that JB Hi-Fi may previously have provided its consent to such use.
- Neither you nor your related bodies corporate or associates will alter or claim any ownership rights in JB Hi-Fi 's intellectual property and will not use or register or attempt to use or register any intellectual property that is the same or similar to JB Hi-Fi 's intellectual property.
- These Ordering Terms and Conditions are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection these Ordering Terms and Conditions is subject to the exclusive jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
- JB Hi-Fi reserves the right to amend these Ordering Terms and Conditions from time to time. Any amendment will take effect from the time that it appears on the Website. The Ordering Terms and Conditions which apply at the time that you place your Order are the Ordering Terms and Conditions which will apply to your Order.
- Any provision in these Ordering Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Ordering Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
v.3 October 2023