FOODLAND SUPERMARKETS GIFT CARD TERMS AND CONDITIONS (TERMS OF USE)
1. Introduction
These Terms and Conditions of Use apply to all Gift Cards issued by Impeach Pty Ltd ACN 008 143 959 as trustee for the Foodland Promotions Unit Trust, ABN 85 528 062 001 after 1 October 2024.
YOUR PURCHASE, REDEMPTION OR ATTEMPTED REDEMPTION OF A GIFT CARD CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND AGREEMENT TO THE PRIVACY POLICY AND SECURITY NOTICE (SEE PARAGRAPH 10).
This document contains the full set of terms and conditions governing your use of the Gift Card. We recommend that you read this document carefully before using the Gift Card. If you have any complaints, questions or would like more information about your Gift Card, please call 1300 554 268 visit the website www.foodlandsa.com.au/giftcards or see in-store.
Expiry: Foodland Supermarkets Gift Cards sold after 31 March 2018 expire 3 years after the date of issue.
2. Definitions
"Access Code" means the 4-digit Access Code printed on the back of the Gift Card.
"Foodland" means Impeach Pty Ltd ACN 008 143 959 as trustee for the Foodland Promotions Unit Trust, ABN 85 528 062 001 trading as Foodland Supermarkets of 191 Flinders Street, Adelaide South Australia 5000
"Local Cellars" means Impeach Pty Ltd ACN 008 143 959 as trustee for the Foodland Promotions Unit Trust, ABN 85 528 062 001 trading as Foodland Supermarkets of 191 Flinders Street, Adelaide South Australia 5000
"Gift Card" means the Gift Card that you have purchased or received, being one of the following: Foodland Supermarkets Gift Card, Foodland Supermarkets eGift Card.
"Great Rewards Card" means a Reward Card received by a Great Rewards member, from Foodland or Local Cellars, in accordance with the terms and conditions of the Great Rewards program, whether in plastic, digital or other form.
"Foodland Bonus Gift Card" means a bonus or incentive offered to customers in connection with a temporary marketing or promotional offer, which has a limited validity period, as noted on the card. In order to receive a Foodland Bonus Gift Card, you must meet the eligibility requirements of the promotion. Foodland Bonus Gift Cards are issued as both plastic and digital cards.
"Remaining Gift Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent, and which can be accessed by using the Gift Card in accordance with these Terms of Use. Also referred to as your balance.
A reference to "we" or "us" is a reference to Impeach Pty Ltd as trustee for the Foodland Promotions Unit Trust.
A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.
3. Gift Card Redemption & Exclusions
3.1 Redemption
Except for the exclusions listed in paragraph 3.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases at all Foodland Supermarket stores and Local Cellars stores.
3.2 Exclusions
The following are the exclusions applicable to the redemption of your Gift Card:
- all purchases made via phone, facsimile, online, or email;
- bill payments, including credit card accounts, and store accounts;
- commission related sales and services including phone re-charge, dry cleaning and continuity sales;
- Gift Cards cannot be used to purchase Gift Cards or another tender; and
- any other product which we may designate as being excluded from time to time.
You agree that you will not use or seek to use your Gift Card to purchase goods or services that a retailer is not permitted to supply to you (for example, a retailer cannot by law sell tobacco or alcohol to you if you are under 18 years of age).
4. How to load value onto your Gift Card
4.1 In store Gift Card purchases
Present the Gift Card to our register operator. Check that the Gift Card has not been removed from the cardboard carrier and that the scratch panel on the back of the Gift Card has not been tampered with or removed. If it has been tampered with or removed, give the Gift Card to our register operator to be destroyed and select a new one.
Nominate the value you wish to be loaded on the Gift Card. A minimum of $5.00 and a maximum of $500.00 can be loaded on to each Gift Card.
4.2 Online Gift Card purchases
Physical Gift Cards that are purchased from Foodland Online are pre-loaded and delivered activated via Australia Post Registered Post service.
eGift Cards that are purchased from Foodland Online will be delivered to the nominated email address on the order once payment has been received as cleared funds. Please note that eGift Cards will delivered within 24 hours after payment has been approved.
4.3 Corporate Gift Card purchases
Gift Cards for corporate customers that are purchased directly from Foodland Corporate Sales are pre-loaded and activated in bulk in accordance with our Foodland Supermarkets Corporate Gift Cards Ordering Terms & Conditions (see https://corporate.foodlandsagiftcards.com.au).
4.4 All Gift Cards
Pay for your Gift Card value with the tender of your choice (other than a Gift Card). The transaction will be completed when the Gift Card is activated and loaded with value.
There may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.
5. Using your Gift Card
5.1 Making a purchase with your Gift Card
Present your Gift Card at the register at a Foodland Supermarkets store or Local Cellars store with the products that you wish to purchase using that Gift Card. The register operator will instruct you to swipe or scan your Gift Card in the pin pad and then enter the PIN Code into the pin pad. The transaction will be completed when the balance has reduced on your Gift Card.
No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires or the balance is reduced to nil.
You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:
- swiping or scanning your Gift Card and entering your PIN Code, or allowing an operator or other person to do so, at the register; or
- giving us details of the Gift Card and authorising the transaction in some other way approved by us.
When you authorise a transaction:
- you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
- you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value by the value of the transaction.
5.2 Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.
5.3 Exchanging items purchased with a Gift Card
Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to Foodland’s exchange and returns policy or Local Cellars’ exchange and returns policy.
5.4 Issue with goods or services purchased with a Gift Card
If you have an issue with any goods or services that you purchased with a Gift Card, you should contact the Foodland store or Local Cellars store where the purchase was made.
5.5 No cash advances
Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.
5.6 Checking your Gift Card balance, expiry date and transaction history
You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time in-store at the service desk, or by calling 1300 554 268 or visiting https://retail.foodlandsagiftcards.com.au/.
For balance enquiries by phone or online, you will be required to enter both the Gift Card number (18-digit number) and PIN Code on your Gift Card prior to getting access to the Gift Card information.
5.7 Can I exchange my Gift Card?
You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another tender, cash, or discount.
5.8 Are there any products I cannot buy using a Gift Card?
Gift Cards cannot be used to purchase another Gift Card, tobacco, commission related sales such as phone recharge, dry cleaning, and continuity sales.
5.9 Destruction of Gift Card with no value
All Gift Cards remain the property of Foodland and/or Local Cellars. If the Remaining Gift Card Value is zero your Gift Card cannot be reloaded. Our register operator may destroy your expended Gift Card, or you must destroy it by cutting it in half diagonally.
6. Expiry, cancellation, and re-issue of Gift Cards
6.1 Expiry of Gift Cards
Your Gift Card will be valid for use for three years from the date of issue (or as otherwise extended by us), after such time it will be invalid, and any remaining balance will be forfeited. It is your responsibility to ensure any balance is used before expiry.
6.2 Expiry of Foodland Bonus Card
Your Foodland Bonus Gift Card will be valid for use for 3 months from the date of issue, after such time it will be invalid, and any remaining balance will be forfeited. It is your responsibility to ensure any balance is used before expiry.
6.3 Cancellation and voiding of Gift Cards
- Gift Cards cannot be cancelled once they are issued except if voided by Foodland if their value is used or if they expire.
- We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered, or tampered with in any way and Foodland may subject Gift Cards to a verification process.
- We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except those set out in paragraph b) we will elect to provide either a refund or a replacement Gift Card.
- We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
6.4 Re-issue of faulty or damaged Gift Cards
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.
7. Lost or stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken by us to be the owner of the Gift Card.
8. 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.
9. Changes to Terms and Conditions of Use
We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason and agree to provide you with at least 30 days' notice of such changes. We will give you notice by posting the changes on https://retail.foodlandsagiftcards.com.au/.
If you write to Foodland within the notice period and do not accept the changes, we may cancel your Gift Card and refund any Remaining Gift Card Value to you.
10. Privacy and confidentiality
Our Privacy and Security Notice explains how we handle the personal information that we may collect from you with respect to Gift Cards. If you do not have a copy and are unable to access the notice online (at www.foodlandsa.com.au/giftcards).
A copy of the Foodland Supermarkets Privacy Policy is available at www.foodlandsa.com.au
It is important that you read and understand both the Privacy and Security Notice and the Privacy Policy.
11. Errors and complaints
If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 1300 554 268.
12. Limitation of liability
You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect, or consequential) howsoever caused, nor will we be in default under these Terms and Conditions of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card.
13. Applicable law
These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of South Australia, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of South Australia, Australia (including the Federal Court of Australia, South Australian Registry).
Version: February 2025