The following definitions apply to these 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 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 the The Good Guys gift card that you have purchased or received.
"Gift Card" means the The Good Guys gift card that you have purchased or received.
"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.
"The Good Guys" means The Good Guys Group Discount Warehouses (Australia) Pty Ltd (ABN 48 004 80 657) of Podium Level, 60 City Road, Southbank, Victoria 3006.
"Order" means an order by you to purchase Gift Cards from The Good Guys via the Website or via the The Good Guys 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 The Good Guys for an Order.
“Website” means the The Good Guys Corporate Gift Card website at https://corporategiftcard.thegoodguys.com.au.
"You" means the purchaser of any Gift Cards from The Good Guys and who places an Order.

Nothing in the Agreement 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.

1. Save as otherwise provided by the consumer guarantees under the Australian Consumer Law or Section 3(b):
   
   1. neither party shall be liable to the other or any other person for the following losses arising from, or in connection with the matters in the Agreement: (A) loss of profits; (B) loss of revenue; (C) loss of anticipated savings; (D) loss of business opportunity; (E) loss of goodwill; (F) loss of reputation; (G) loss of data; (H) consequential, indirect or incidental loss; (I) special loss; (J) punitive or exemplary damages; (K) economic loss or damages of any nature or description; or (L) any property damage, injury or death; and
   
   
   2. The Good Guys shall not be liable to you for the following direct or indirect losses: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Account or Account Details which takes place before you notify The Good Guys; (iii) your Order information being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by The Good Guys; (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 The Good Guys; (vi) cancellation of your Order; (vii) the availability of any Gift Cards; (viii) delay in delivery of an Order to you beyond the reasonable control of The Good Guys; (ix) any delay in you receiving any refund due to you beyond the reasonable control of The Good Guys; or (x) any third party interference; (xi) any late, lost or misdirected deliveries of Orders beyond the reasonable control of The Good Guys, whether such losses arise in contract, tort, under statute or regulation, or under any other legal cause or action, claim or right.


2. If The Good Guys, its contractors, sub-contractors or employees suffers any reasonably foreseeable loss, damage, cost or expense as a result of your (i) failure to comply with the Agreement; or (ii) any unauthorised use of your Account or Account Details which takes place before you notify The Good Guys, then you must pay The Good Guys the amount of that loss, damage, cost or expense if The Good Guys asks you to and the exclusions in Section 3(a) will not apply.

1. You must first create an Account by registering your business with The Good Guys on the Website prior to placing an Order.


2. To register, complete the registration process on the Website.


3. The Good Guys may in its absolute discretion approve or reject or terminate any registration application for any reason.


4. 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.


5. You must keep your Account Details secure. Any Order placed using your Account Details will be deemed to be a valid and authorised Order.


6. If you do not have access to the Website or do not wish to create an Account by registering online you can contact the The Good Guys Corporate Gift Card Team at corporategiftcards@thegoodguys.com.au or 1300 225 564.

1. 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 The Good Guys Corporate Gift Card Team at corporategiftcards@thegoodguys.com.au or 1300 225 564.


2. The Good Guys is not obliged to accept your Order and may accept or reject your Order for any reason


3. An Order placed by you only becomes binding on The Good Guys once The Good Guys has accepted the Order and when The Good Guys has received payment in full from you for the Order. If The Good Guys accepts your Order you will receive an Order statement confirming acceptance of your Order by The Good Guys.


4. You will receive a tax invoice(s) from The Good Guys once your Order has been accepted and The Good Guys has received payment in full from you for the Order.


5. The Good Guys will use its reasonable endeavours to ensure that any Orders placed by you:
   1. for Physical Gift Cards, are fulfilled within 5-10 Business Days after the date on which payment in full for the relevant Order is received from you; or
   2. for Digital Gift Cards, are fulfilled within 24 hours after payment in full for the relevant Order is received from you.

1. Orders for Physical Gift Cards will be delivered to the Delivery Address.


2. Physical Gift Cards purchased through this website are only available for delivery in Australia and will not be delivered to a PO Box Address or Locked Bag.


3. 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 you may incur additional delivery fees.


4. 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.


5. The Good Guys is entitled to charge, and you must pay, The Good Guys costs and expenses associated with handling and/or holding and or re-delivering any Gift Cards in the event of Delayed Delivery and The Good Guyss costs and expenses of any Frustrated Delivery. For the purposes of this clause “Delayed Delivery” means where the Customer is not able to take delivery of the Gift Cards within 30 days from the date on which the Customer is notified that the Gift Cards are ready for collection and “Frustrated Delivery” is where The Good Guys attempts to deliver the Gift Cards to the Customer at the Delivery Address and the Customer is unable or unwilling to take delivery of the Gift Cards.

1. Orders for Digital Gift Cards will be fulfilled by an email being sent to the Delivery Email Address which contains a hyperlink to the Digital Gift Cards.


2. It is your responsibility to ensure that the Delivery Email Address:
1. is correctly spelt in the Order;
2. has sufficient free storage capacity to receive incoming emails; and
3. is secure from unauthorised access.

1. The delivery fees (if any) 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.


2. It is your responsibility to give us prior notice of any unusual delivery circumstances.

1. Orders must be activated prior to Gift Cards being ready for use


2. It is the responsibility of you and the nominated delivery recipient to ensure that an Order is activated.


3. Orders must be activated using the:
1. Order number and
2. Bulk Activation Code.


4. You will receive an 'Order Confirmation' containing the Bulk Activation Code. It is your responsibility to provide a nominated delivery recipient for the Bulk Activation Code.


5. It is the responsibility of the person who places the Gift Card Order and the nominated delivery recipient to keep the Bulk Activation Code confidential. The Bulk Activation Code must not be revealed to any unauthorised person.


6. Please check any Order you place for Physical Gift Cards carefully prior to activation. If you find a discrepancy, do not activate the Order or distribute any of the Gift Cards, and contact The Good Guys Corporate Gift Cards Team immediately via corporategiftcards@thegoodguys.com.au.

1. The Good Guys Gift Card Terms and Conditions apply to the use of any Gift Cards that are purchased by you. These are available at https://corporategiftcard.thegoodguys.com.au .


2. You must check your Order upon receipt of delivery of the Physical Gift Cards or the Delivery Email (as the case may be). If you find a discrepancy, do not distribute any Gift Cards or activate the Order and contact the The Good Guys Corporate Gift Cards Team via corporategiftcards@thegoodguys.com.au.

1. The Good Guys may, in its absolute discretion, from time to time, agree to offer a discount on the face value purchase price of Gift Cards contained within an Order and may place any conditions or restrictions on you in consideration for such discount (such as minimum Orders, method of payment).


2. Any discount offered by The Good Guys will only be valid for purchases of Gift Cards made through the Website or by contacting the The Good Guys Corporate Gift Cards Team via corporategiftcards@thegoodguys.com.au.


3. The Good Guys reserves the right to withdraw or decrease any such discount at any time.


4. GST will not apply to the sale of a Gift Card, specifically the face value/loaded amount. However, GST will apply to any delivery fees for Physical Gift Cards (see clause 9(a) above).

1. You may cancel an Order in full by providing written notice to The Good Guys prior to payment being made, at no additional cost.


2. You may not cancel part of an Order.


3. The Good Guys reserves the right to cancel an Order for any reason, including if:
1. the Order is not paid for in full within 30 days of the Order date;
2. in the case of an Order for Physical Gift Cards, the Order is not accepted at the nominated Delivery Address within 30 days of the despatch date;
3. in the case of an Order for Digital Gift Cards, an undeliverable or similar message is received from the Delivery Email Address when the Delivery Email is sent; or
4. it is deemed by The Good Guys to be fraudulent or possibly fraudulent.


4. If The Good Guys accepts your request to cancel an Order, or if The Good Guys cancels an Order, The Good Guys will refund all money received from you in the form of the payment method used by you to purchase the Order. After an Order is cancelled the Gift Cards the subject of that Order can no longer be used and should be destroyed. To discuss the cancellation of an Order, contact the The Good Guys Corporate Gift Cards Team via corporategiftcards@thegoodguys.com.au.

1. You acknowledge that The Good Guys may allow access to the services offered on the Website to anyone who enters the Website and uses your Account Details. Your Account Details are our way of identifying a user and providing access to the The Good Guys Corporate Gift Card service.


2. You will not change, hack into or otherwise interfere with the operation of this Website or any information contained within it.


3. You must notify us immediately by calling the The Good Guys 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.

1. The Good Guys policy on the collection, use and disclosure of customers' personal information is set out in its Privacy Policy which forms part of the Agreement. You should read this policy before providing any personal information to The Good Guys. By providing the personal information requested, you agree to this policy.

1. You acknowledge and agree that The Good Guys is entitled to assume that any person purporting to have the authority to bind you to an Order has the authority they claim.


2. If you are a trustee, then you and your director(s) warrant to The Good Guys that you and they have the authority and power to enter into this Agreement and that the trust assets are sufficient to satisfy any liability to The Good Guys.


3. You warrant and represent to The Good Guys that none of the Gift Cards purchased on the Website are for domestic use;

1. You must obtain The Good Guys prior written approval on each occasion you propose to use any or all of The Good Guys intellectual property by submitting a marketing approval brief form which may be requested by emailing corporategiftcards@thegoodguys.com.au. Submission of a marketing approval brief to The Good Guys does not guarantee automatic approval to use trademarks, images or references in any promotion.


2. If The Good Guys approves your use of The Good Guys intellectual property, you must comply with all instructions The Good Guys may give to you from time to time in relation to the use of The Good Guys 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 “The Good Guys 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 The Good Guys.


3. You agree to immediately withdraw or amend any material that uses or incorporates The Good Guys intellectual property upon request by The Good Guys, notwithstanding that The Good Guys may previously have provided its consent to such use.


4. Neither you nor your related bodies corporate or associates will alter or claim any ownership rights in The Good Guys intellectual property and will not use or register or attempt to use or register any intellectual property that is the same or similar to The Good Guys intellectual property.

The Agreement is to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection the Agreement is subject to the exclusive jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

1. The Good Guys reserves the right to suspend the fulfilment of any Orders for the duration of any events beyond our control.


2. You may not assign, transfer or deal with any of its rights under the Agreement. If you undergo a change in control or ownership, we reserve the right to cancel any outstanding Orders and refuse any subsequent Orders.


3. The Good Guys may assign its rights under the Agreement.


4. The Good Guys reserves the right to amend the Agreement from time to time. Where The Good Guys reasonably believes that an amendment to the Agreement will not adversely affect you, that amendment will take effect immediately or at such other time as The Good Guys specifies. Where The Good Guys reasonably believes that changes may adversely affect you, it will provide you with reasonable advance notice of such changes. By using the Website to place an Order following notice of such an amendment, you will be deemed to have agreed to that amendment.


5. If any provision of the Agreement is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any other provision of these Ordering Terms and Conditions.