Win a Harvey Norman Gift Card

These Terms and Conditions
1.1 You agree to these Terms and Conditions when you purchase, activate, acquire or attempt to utilise a Gift Card.
1.2 You warrant to the Issuer that you will comply with these Terms and Conditions and all applicable laws.
1.3The Issuer may amend these Terms and Conditions at any time in the following circumstances:
1.3.1 to add or remove a Franchisee, including an online Franchisee, where a Gift Card may be utilised;
1.3.2 to add or remove goods or services which may be purchased from a Franchisee utilising the unused value of an activated Gift Card;
1.3.3 to comply with any applicable law or regulation, or binding judgment, order, standard or determination of any court, tribunal or government or quasi-government agency or body;
1.3.4 for administrative or operational reasons, or to prevent the occurrence of fraud or other unlawful, damaging or unacceptable conduct;
1.3.5 where acting reasonably the Issuer considers the change will not be materially detrimental to you.
1.4 Changes to these Terms and Conditions will be made available at the websites identified in clause 2.4 below.
1.5 These Terms and Conditions are governed by and construed in accordance with the laws and Courts of New South Wales.
1.6 Where you purchase a Gift Card as a personal or business gift, or for other business uses approved by the Issuer, you must ensure that each Holder is made aware of these Terms and Conditions, including the Expiry Date of the Gift Card.
Purchase of Gift Card
2.1 The Issuer issues each Gift Card.
2.2 Corporate Purchases: A Physical Gift Card and an eGift Card may be purchased from the Issuer directly by contacting the Corporate Gift Card Office of the Issuer by email at gccorporate@au.harveynorman.com, or by phone on (02) 9201 6141.
Using a Gift Card
3.1 A Gift Card has no value unless activated in the System and payment has been made to the Issuer for the Gift Card.
3.2 The amount of the unused value of an activated Gift Card as identified on the System may only be applied in whole or part payment of the purchase price payable by the Holder to a Franchisee at a Franchisee Business Premises or online at harveynorman.com.au, www.domayne.com.au, or www.joycemayne.com.au for goods or services, or both, purchased by the Holder from the Franchisee.
3.3 An Access Pin is required to utilise a Gift Card.
3.4 A Gift Card cannot be utilised to purchase goods and services from a Franchisee online at harveynormanphotos.com.au, www.domaynephotos.com.au, www.joycemaynephotos.com.au or www.hnprintshop.com.au.
3.5 If the Holder agrees to purchase goods or services, or both, from a Franchisee and the Holder tenders an activated Gift Card to the Franchisee:
3.5.1 the Issuer will procure the Franchisee to accept the amount of the unused value of the activated Gift Card as identified on the System towards payment of the price payable by the Holder to the Franchisee for the purchase of the goods or services, or both, by the Holder from the Franchisee; and
3.5.2 the unused value of the activated Gift Card as identified on the System will be reduced by an amount equivalent to the price payable by the Holder to the Franchisee for the purchase of the goods or services, or both, by the Holder from the Franchisee; and
3.5.3 if the price payable by the Holder to the Franchisee for the purchase of the goods or services, or both, by the Holder from the Franchisee exceeds the amount of the unused value of the activated Gift Card as identified on the System, the Holder must pay the difference to the Franchisee for the goods or services, or both, using another payment method; or
3.5.4 if there is any unused value remaining on the activated Gift Card as identified on the System following the purchase of the goods or services, or both, by the Holder from the Franchisee, no change will be given to the Holder and any remaining unused value on the activated Gift Card as identified on the System may only be utilised towards a future purchase of goods or services, or both, from a Franchisee until there is no amount of unused value remaining on the activated Gift Card, or the occurrence of the Expiry Date, whichever first occurs.
3.6 Derni does not sell the goods or services, or both, purchased by a person from a Franchisee using a Gift Card.
Expiry Date
4.1 A Gift Card expires on the Expiry Date of that Gift Card. Immediately following the Expiry Date of a Gift Card:
4.1.1 the obligations of the Issuer in respect of that Gift Card are forever discharged, released, extinguished and no longer capable of being enforced; and
4.1.2 the Issuer will have no further obligations in respect of that Gift Card; and
4.1.3 any unused value remaining on that Gift Card will not be able to be utilised by the Holder or anyone else.
4.2 You need to use all of the unused value on a Gift Card before the Expiry Date of that Gift Card.
4.3 A Gift Card can only be activated once and cannot be re-activated at any subsequent time.
Exclusions
5.1 If a Gift Card is altered or defaced or used as an element of any fraudulent or illegal activity, the amount of the unused value of that Gift Card shall be immediately reduced to nil, and incapable of use by any Holder.
5.2 A person who wishes to use a Gift Card must provide evidence to the reasonable satisfaction of the Issuer that the person is the Holder. If the person is unable to provide evidence to reasonable satisfaction of the Issuer that the person is the Holder, the Issuer will have no obligation to that person in respect of the Gift Card unless and until that person provides that evidence to the reasonable satisfaction of the Issuer.
5.3 A Gift Card cannot be utilised:
5.3.1 by email, phone or facsimile;
5.3.2 to repay outstanding indebtedness of the Holder or any other person, to a Franchisee;
5.3.3 to pay an interest free deposit to a Franchisee; or
5.3.4 to purchase goods or services, or both, from a Franchisee that the Franchisee is not permitted by law to supply to the Holder.
5.4 A Gift Card cannot be utilised for goods or services
(or both) from a Harvey Norman® branded store operating outside Australia.
5.5 A Gift Card cannot be reloaded, used for cash advances or to obtain cash.
5.6 A Gift Card cannot be used to purchase another Gift Card or any other stored value card.
5.7 A Gift Card cannot be exchanged for a different brand, denomination or type of Gift Card or any other stored value card.
5.8 A Gift Card, at all times, remains the property of the Issuer, and must not be resold by a person, without the express prior written consent of the Issuer.
Transaction Enquiries
6.1 The unused value on a Gift Card and Expiry Date of a Gift Card may be checked:
(a) for the Holder at any Franchisee Business Premises;
(b) by the Holder online at harveynorman.com.au, www.domayne.com.au, or www.joycemayne.com.au; or
(c) by the Holder contacting the Issuer at the email address or phone number set out in clause 2.2.
6.2 The information residing on the System will, in the absence of manifest error, be conclusive evidence of the unused value, history and Expiry Date of a Gift Card.
6.3 Where a Gift Card has an Access Pin, the Access Pin must be provided to the Issuer to gain access to information in respect of the Gift Card.
Lost and Stolen Gift Cards
7.1 A Holder is responsible for the safety of a Gift Card and a lost, stolen, altered or defaced Gift Card will not be reissued, refunded or honoured.
7.2 To the extent permitted by law and subject to clause 8.2, a Gift Card will not be reissued unless:
7.2.1 the Holder proves to the reasonable satisfaction of the Issuer that the Gift Card is faulty or damaged due to the fault of the Issuer or a Franchisee; or
7.2.2 the Issuer has acted in breach of any condition or warranty under the ASIC Act or any other applicable laws.
Liability
8.1 A Holder is responsible for the use and safety of a Gift Card and all transactions involving a Gift Card at all times.
8.2 A Gift Card comes with statutory Consumer Guarantees that cannot be excluded under the Australian Consumer Law. If a Gift Card suffers a Major Failure the Holder is entitled to a replacement or refund of the Gift Card for that Major Failure and claim compensation for any other reasonably foreseeable loss or damage suffered as a result of that Major Failure. The Holder is also entitled to have the Gift Card repaired or replaced if the Gift Card fails to be of acceptable quality and the failure does not amount to a Major Failure.
8.3 To the extent permitted by law, the Issuer, each Franchisee and each related entity of the Issuer is not liable to any person for any loss or damage (including direct, indirect or consequential loss) arising out of any use or attempted use of a Gift Card. The Issuer, each Franchisee and each related entity of the Issuer will not be in default of these Terms and Conditions for failure to observe or perform any obligations under these Terms and Conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. Nothing in these Terms and Conditions is intended to exclude or modify any non-excludable statutory rights under the Australian Consumer Law the ASIC Act or any other applicable laws.
Promotion Activities
9.1 The Holder must not use a Gift Card in connection with any marketing, promotion or advertising activities without the prior express written consent of the Issuer.
9.2 The Harvey Norman Trade Marks are owned by the Licensor.
9.3 Any use of Harvey Norman Trade Marks by any third party is strictly prohibited without the prior written consent of the Licensor.
9.4 A Gift Card may not be used in a manner that implies that a person, business, product or service is endorsed or sponsored by or affiliated with the Issuer, a Franchisee or any related entity of the Issuer.
Privacy
10.1 A person claiming to be a Holder must provide proof of identity to the reasonable satisfaction of the Issuer.
10.2 The privacy policy applicable to the Issuer specifies how the Issuer will handle your Personal Information and other information required to be disclosed to you under the Privacy Act. The privacy policy applicable to the Issuer is available online at harveynormanholdings.com.au/privacy-policy or by contacting the Privacy Officer of the Issuer on (02) 9201 6111. You consent to the collection and use of Personal Information by the Issuer in accordance with the privacy policy applicable to the Issuer, including for the purpose of identification.
Enquiries and Complaints
11.1 A complaint or enquiry about a Gift Card should be directed to the Issuer at the email address or phone number set out in clause 2.2 above.
11.2 A complaint or enquiry about the quality or nature of goods or services, or both, purchased by a person from a Franchisee should be directed to the relevant Franchisee from whom that person purchased the goods or services, or both.