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Terms and Conditions

These are your Gift Card terms and conditions. Please read them carefully and keep them for your records.

These terms and conditions bind the person who has bought the Gift Card ("Purchaser") and govern the use of the Gift Card. If you are not the Purchaser, you acknowledge these terms and conditions when you either activate or use the card.

Please activate your Gift Card immediately.

Definitions

In these terms and conditions:

"Gift Card" and "Card" means the Come True Gift Cards issued by CUSCAL Ltd, referred to as "Bank";

"Purchaser" means the person who bought the Gift Card;

"You" and "Your" means the person who uses the Gift Card; and

"We", "Us" and "Our" means "Bank", our successors, affiliates or assigns.

Terms and Conditions

The Purchaser is bound by these terms and conditions. If you are not the Purchaser, by activating or using, you acknowledge that you have read and understood these terms and conditions.

The user will not be able to use the Gift Card until they have read and understood the terms and conditions when they activate their Gift Card online.

The Gift Card is not a credit card; it is a prepaid stored value gift card. The cardholder can obtain additional information about the Gift Card at www.cometrue.com.au.The Gift Card bears the EFTPOS logo, which indicates that it functions at any EFTPOS terminal to purchase goods and services, so long as sufficient stored value remains on the Gift Card. We see no reason why any merchant would refuse to accept a Gift Card, provided there is sufficient balance on the Gift Card to process the intended transaction, although merchants may impose a minimum amount on any EFTPOS transaction. However, we take no responsibility and refuse all liability in the event that any merchant refuses the Gift Card as payment.

The card is received with instructions explaining how it is activated, how it is used and its expiry date.

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Important things your need to know about your Gift Card:

  • You MUST activate your card before USE.
  • If your Gift Card does not have enough funds to pay for the amount of a transaction, and you do not pay for the remainder of the transaction by cash or, subject to the merchant's policy, cheque, credit card or debit card, your transaction will be declined.
  • When making a purchase greater than the face value of the card, alert the cashier to use the following payment method: First: Use other forms of payment to cover amount greater than what is available on Gift Card. Second: Ask cashier to use remaining balance of Gift Card as the second form of payment.

Your Gift Card: The Gift Card can only be purchased by individuals over the age of 18 who can lawfully enter into and form contracts under applicable law and, by purchasing the Gift Card, the Purchaser represents and warrants to us that the Purchaser is such an individual. We, in our sole discretion, may refuse to issue a Gift Card for any reason. The amount of funds shown on the records of the Bank shall be deemed the balance on the Gift Card, unless the Purchaser can prove to us otherwise to our satisfaction in our sole discretion. The Purchaser can only use Visa and MasterCard to purchase Gift Cards. We do not accept any other credit cards. Only 5 cards can be purchased per day online, using the same credit card. To purchase more than 5 cards in one transaction, telephone 1800 446 347.

Card Access: The Gift Card is a prepaid card that can be used at locations where EFTPOS cards are accepted at point-of-sale. Use of the Card is subject to the policies of that merchant.

Card Limitations: You must have sufficient, available funds to pay for all Gift Card transactions at merchants. If the purchase amount is greater than the available funds on your Gift Card, the difference may be paid for with cash, cheque, credit or debit card, subject to the policy of the merchant. If the merchant attempts to process the Gift Card for more than the available funds, the transaction will be declined. You may confirm your available balance 24 hours a day, seven days a week at www.cometrue.com.au or by SMS. You may only use your card in the manner and for the purposes described in these terms and conditions. Your Gift Card may not be used for illegal transactions or for any type of pre-authorised transaction, such as recurring payments, dues or fees. Cards purchased can be uploaded with any value between $25 and $500. We can change the limitations to these values at any time by amending these terms and conditions. The balance on the Card cannot be increased with further payments, nor can balances be transferred from one Card to another. The card cannot be used outside Australia.

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Service Charges: No EFTPOS fees apply to your regular transactions, a fee of $0.50 is charged for each balance inquiry by SMS. Online balance enquiries are free of charge. Fees are automatically deducted from your Gift Card balance when they occur. If your Gift Card balance is zero or becomes zero, the Gift Card will automatically be terminated. For a complete list of fees, please see the section "Card Purchase and Usage Costs" in the table below.

Postage and Handling: At the time of purchase, the Purchaser acknowledges and agrees that Postage of the Gift Card by Australian Post is not guaranteed and that the standard postage and handling fees are non-refundable. We do not guarantee delivery. If the Gift Card is lost in the post, we will terminate the original Gift Card and replace it with another Gift Card for a fee of $7.95.

Lost, Stolen or Damaged Cards: We accept no liability for lost, stolen or damaged cards. We will not refund, replace or repair the Card in the event the Card becomes lost, stolen or damaged (except where the Gift Card is lost in the post - see above).

Documentation of Transactions: At the time of purchase, the Purchaser will receive an email confirming the transaction. Keep the email for your records. Once the Card is activated, the cardholder will also have access to transactions and balance history, which is accessible online only at www.cometrue.com.au

Disputes with Merchants: You agree to make a good faith effort to settle all disputes about purchases you make using your Card with the merchant who accepted the card.

Disclaimer of Liability: In providing the Gift Card service to you, we disclaim any duty or responsibility unless we are negligent other than those expressly set forth in these terms and conditions or as required by applicable legislation. The issuer is not liable expressly for the following:

  • If, through no fault of ours, you do not have enough money on the Gift Card to cover the transaction;
  • If the transaction exceeds your available funds;
  • If the merchant's terminal or the EFTPOS system was not working properly;
  • If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken;
  • If there are other exceptions stated in these terms and conditions or provided by law;
  • If the Purchaser drafts unlawful, defamatory, obscene or offensive messages in the accompanying greeting card; or
  • If the merchant refuses to accept the Gift Card as a method of payment of the goods.
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Expiration: Your Gift Card expires on the expiration date listed on the back of the Gift Card. However, it will expire earlier than that date when the entire value has been exhausted. After the Gift Card has expired, it is no longer valid. All transactions will be declined. Any balance remaining on the Gift Card after the date of expiry will not be refunded to you or the Purchaser.

Amendment: These terms and conditions are subject to change and we may amend these terms and conditions by emailing a notice to you at your last email address on our records at least 21 days prior to the effective date of any amendment that results in an increased fee or charge, an increase in your liability, a reduction in Card services, or stricter transaction limitations.

Assignment: You may not transfer or assign your Card rights to any other person. We may assign our obligations to a third party and you agree that you consent to us doing so.

Severability/No Waiver: If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that part of the provision, or where necessary the entire provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these terms and conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these terms and conditions.

Governing Law: These terms and conditions, the Gift Card and all transactions hereunder are subject to the laws of Victoria. By accepting these terms and conditions, the Purchaser agrees to submit to the jurisdiction of these courts.

Notice of Errors: If you think the confirmation email receipt is wrong or you have a question concerning a Card transaction, call Card Services at 1300 739 889 or write to: Come True Gift Cards PO Box 1070 South Melbourne Vic 3205 or visit www.cometrue.com.au as soon as you can. We must hear from you no later than 15 days after the transaction date and you must provide the following information:

a) Your name, address, contact number and the Gift Card number;

b) A description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information;

c) The dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

Personal Information: We gather certain types of information about our users. For information on how we collect and deal with your personal information please see our Privacy Policy.

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