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Foot Locker Gift Card Terms and Conditions Australia

Last Updated: November 2024

These terms and conditions (“Terms and Conditions”) apply to use of each gift card (“Gift Card”) issued by Foot Locker Australia Holdings, LLC (ABN 53 669 762 387) (“Issuer”).


THE CARD

1.          You agree to these Terms and Conditions when you purchase, activate, acquire or use a Gift Card.

2.          You warrant to the Issuer that you will comply with these Terms and Conditions and all applicable laws when using a Gift Card.

3.          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.

4.          The Issuer may amend these Terms and Conditions at any time in the following circumstances:

a.      to add or remove goods or services which may be purchased using the unused value of an activated Gift Card;

b.     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;

c.      for administrative or operational reasons, or to prevent the occurrence of fraud or other unlawful, damaging or unacceptable conduct; or

d.     where acting reasonably the Issuer considers the change will not be materially detrimental to you.

5.          The Issuer reserves the right to refuse to issue a Gift Card to any person and to suspend or cancel any Gift Card for any reason, at any time, without notice.

6.          Gift Cards have no expiration dates or service fees.

USING A CARD

7.     Purchases made with a Gift Card are as if the purchase was made by way of cash payment. Gift Cards are not legal tender, account cards, or credit or debit cards.

8.          To activate a Physical Gift Card, simply present the Gift Card at a till point at any of the Issuer’s stores in Australia and the cashier will take the appropriate payment and activate.

9.          eGift Cards purchased online will be issued to you active and do not require activation.

10.          A Gift Card has no value unless activated in the System and payment has been made to the Issuer for the Gift Card. Subject to payment, property and risk in the Gift Card passes to you upon receipt and activation of the Gift Card.

11.          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 the Issuer at the Issuer’s stores in Australia or online at https://www.footlocker.com.au

12.          If the Holder agrees to purchase goods from the Issuer and the Holder tenders an activated Gift Card to the Issuer:

a.      the Issuer will 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 Issuer for the purchase of the goods by the Holder from the Issuer; and

b.     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 Issuer for the purchase of the goods by the Holder from the Issuer; and

c.      if the price payable by the Holder to the Issuer for the purchase of the goods by the Holder from the Issuer 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 Issuer for the goods using another payment method accepted by the Issuer; or

d.     if there is any unused value remaining on the activated Gift Card as identified on the System following the purchase of the goods by the Holder from the Issuer, 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 used towards a future purchase of goods from the Issuer until there is no amount of unused value remaining on the activated Gift Card.

13.     A Gift Card can only be activated once.

14.     The Holder of a Gift Card may not consolidate the balance of several Gift Cards onto a new Gift Card.

REFUNDS

15.       Refunds for returns on purchases paid for with a Gift Card will be processed as follows:

 

Returned In-store

Returned Online

Full cancellation (Due to Fraud or Cancellations)

Partial cancellation (Due to Cancellations)

Purchased In-Store

Customer receives a new physical gift card

Customer receives a new digital gift card

Customer receives refund to original gift card

Customer receives a new digital gift card

Purchased Online

Customer receives a new digital gift card

Customer receives a new digital gift card

Customer receives refund to original gift card

Customer receives a new digital gift card

 

16.       If the Holder is requested to produce a Gift Card when seeking a refund and is unable to do so, the Issuer will have no obligation to process a refund.

EXCLUSIONS

17.     If a Gift Card is altered or defaced or used as an element of any unauthorised, 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. The Issuer reserves the right to refuse to accept a Gift Card if it deems that a Gift Card has been tampered with, duplicated, damaged or is suspected to be affected by unauthorised, fraudulent or illegal activity.

18.     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.

19.     A Gift Card cannot be:

a.      used for purchases from Foot Locker stores, whether physical or online, operating outside Australia;

b.     reloaded, used for cash advances or to obtain cash;

c.      used to purchase another Gift Card; or

d.     exchanged for a different denomination of Gift Card.

20.     Except as required by law, a Gift Card cannot be transferred for value, redeemed for cash or refunded.

21.     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.

22.     You cannot assign any of your rights and obligations under these Terms and Conditions.

BALANCE AND TRANSACTION ENQUIRIES

23.     The Holder may check the unused value on a Gift Card by: (i) visiting at any of the Issuer’s stores or https://www.footlocker.com.au/giftcards/checkbalance or (ii) calling 1800-204-951.

24.     The information residing on the System will, in the absence of manifest error, be conclusive evidence of the unused value and transaction history of a Gift Card.

LOST AND STOLEN GIFT CARDS

25.     The Holder is responsible for the use and safety of a Gift Card and all transactions involving a Gift Card. It should only be given to an intended recipient for use. The Issuer will not be responsible if a Gift Card is used without the Holder’s permission.

26.     A Gift Card should be treated as cash. A lost, stolen, altered or defaced Gift Card will not be reissued, refunded or honoured.

27.     To the extent permitted by law, a Gift Card will not be replaced or reissued unless:

a.      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

b.     the Issuer has acted in breach of any condition or warranty under any applicable laws.

LIABILITY

28.     To the extent permitted by law, the Issuer 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 purchase, activation, acquisition, use or attempted use of a Gift Card. The Issuer 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 or any other applicable laws.

PROMOTION ACTIVITIES

29.     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.

30.     All Foot Locker IP is owned by the Issuer and/or its related entities. Any use of Foot Locker IP by any third party is strictly prohibited without the prior written consent of the Issuer.

31.     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 or any related entity of the Issuer.

PRIVACY

32.     A person claiming to be a Holder must provide proof of identity to the reasonable satisfaction of the Issuer.

33.     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. The privacy policy applicable to the Issuer is available online at https://www.footlocker.com.au/en/privacy. 

ENQUIRIES AND COMPLAINTS

34.     A complaint or enquiry about a Gift Card should be directed to the Issuer at: https://help.footlocker.com.au/hc/en-gb/articles/17614257670801-Contact-Us.

GOVERNING LAW AND JURISDICTION

35.     These Terms and Conditions are governed by the laws of Queensland, Australia.

36.     By using your Card, you unconditionally agree to submit to the jurisdiction of the courts of Queensland, Australia.

DEFINITIONS

Australian Consumer Law means the law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). 

eGift Card means an electronic stored value gift card issued by the Issuer.

Foot Locker IP means any intellectual property of the Issuer or its related entities.

Gift Card means a Physical Gift Card or an eGift Card.

Holder in respect of a Gift Card means the person who is the owner of the bundle of rights attaching to that Gift Card free from all encumbrances.

Personal Information has the meaning given to that term in the Privacy Act.

Physical Gift Card means a physical stored value gift card issued by the Issuer.

Privacy Act means the Privacy Act 1988 (Cth).

System means the gift card system of the Issuer.

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

We or us means a reference to the Issuer.