The IGA Christmas Club Gift Card Program is operated by Metcash Trading Ltd ACN 000 031 569 (“Metcash”).  Each Member of the IGA Christmas Club Gift Card Program agrees to be bound by these Terms and Conditions, the Membership Application and the attached Direct Debit Request Form and Service Agreement (together, DDR Form).

In these Terms and Conditions, “you” and “your” refer to the Member.  “We”, “our” and “us” refer to Metcash.

Membership
1.         You must complete the Membership Application either online or in hard copy, and also complete and sign a hard copy of the DDR Form and return it to us by post at the address indicated.
2.         Each Membership Application is subject to acceptance by us in our sole discretion. There is no agreement between us and you until we notify you of acceptance of your application for membership of the IGA Christmas Club Gift Card Program.
3.         Only individuals are eligible to participate in the IGA Christmas Club
4.         An individual can hold more than one membership.
5.         Your IGA Christmas Club membership commences from the time that your application is accepted by us and continues until the following 31 October.  If your application is sent and accepted by us on or after 1 September in any year, then your membership will continue until 31 October of the following calendar year.  Membership is then automatically renewed and rolls over each year for a further 12 month period commencing on 1 November of that year and expiring on 31 October of the following year.  Each such period is a Membership Year.
6.         Members are either:
a.      A Christmas Club Member – where the Member is the recipient of each IGA Christmas Club Gift Card (Gift Card), or
b.      A Christmas Gift Member – where the Member gives the Gift Card to a Nominated Recipient.
         The Nominated Recipient of a Christmas Gift Member will be issued with, and is entitled to receive and redeem, the Gift Card acquired by the Christmas Gift Member, in accordance with these Terms and Conditions.  Both types of Member are Christmas Club Members, and shall be referred to as such in any correspondence.
7.         By completing the details and address of a Nominated Recipient on the Membership Application, you agree that each Gift Card will be issued to that Nominated Recipient at the specified address.
8.         A Member may change or update his or her membership details at any time prior to 15 October in any year in respect of that year’s Gift Card issue by contacting the IGA Service Desk on 1300 554 268 or online at http://www.accumulate.com.au/IGAChristmasClub. The address to which Gift Cards will be mailed out is the address current on our system as at 31 October of each year.

Direct Debit Payments
9.         You must make payments to acquire a Gift Card each Membership Year.  Payments to acquire your Gift Card are payable by direct debit only (Payments).  Payments will be deducted from your nominated account.
10.      You must be an account holder and complete the DDR Form attached to these Terms and Conditions, to allow Payments to be deducted from your nominated account and credited to your IGA Christmas Club Gift Card Program.
11.      Following receipt and acceptance of your Membership Application and valid DDR, the Payment amount will be deducted on the Payment Date at the Frequency specified by you in the DDR.  A minimum of 10 days is required in order to process your Membership Application and DDR (or a new DDR under clause ?13).  If there is insufficient time to process your Membership Application and DDR prior to the first Payment Date specified by you, then the first Payment Date will be the next corresponding date based on the Frequency specified by you.
12.      You may specify the amount of the recurring Payment.  However:
a.      there is a minimum Payment amount of AUD$7 per week, $15 per fortnight or $30 per month in each Membership Year; and
b.      total Payments in any Membership Year may not exceed AUD$4,999.00.
         If at any time you are unable to pay the minimum Payment amount, then you must notify us via the IGA Service Desk.
13.      You may complete and post to us a new DDR varying your nominated account, Payments and Frequency at any time, provided such DDR complies with these Terms and Conditions, which will be processed by us under clause 11.
14.      Your Payment will be debited from your bank account at the close of business on each day corresponding to the Payment Date specified by you.  If a Payment Date falls on a national public holiday then the Payment will be made at the close of business the following working day.
15.      A Payment may be stopped provided that you contact the IGA Service Desk by midday on the working day prior to the relevant Payment Date, and request that the Payment on that Payment Date be stopped.
16.      Payments deducted after 31 October of each year will be credited to your IGA Christmas Club Gift Card Program for the following Membership Year.

Missed payments and DDR suspension
17.      We are not responsible or liable for account charges incurred by you if any Payment is declined or dishonored by your bank or financial institution.  We are charged a fee by our bank when a Direct Debit is declined or dishonored by your bank or financial institution.  We may charge you, and you must pay, an administration fee to cover the associated costs if a Direct Debit is declined or dishonored by your bank or financial institution.
18.      If Payments are not made for any reason, we may in our discretion suspend the operation of the DDR and/or your IGA Christmas Club Gift Card Program membership until you resolve the reasons for the missed Payments to our reasonable satisfaction.
19.      If Payments exceed or are likely to exceed the total Payment limit in any Membership Year, we may in our discretion suspend the operation of the DDR.

Issue of the IGA Christmas Club Gift Card
20.      We will issue a Gift Card following the expiry of each Membership Year, which will have a value equal to the total amount of Payments you have made to your IGA Christmas Club Gift Card Program during that Membership Year, excluding any payments that are declined or dishonored by your bank or financial institution, and less any fees or charges for which you may be liable under these Terms and Conditions (Initial Value).  Under no circumstances will the value of an issued Gift Card exceed AUD$4,999.00.  If your Membership Application was sent and accepted by us on or after 1 September in any year, then your first Membership Year continues until 31 October of the following calendar year, and your first Gift Card will be issued following the expiry of that Membership Year.
21.      Each Gift Card for a Membership Year will be issued by us and mailed by ordinary post to you, or where you are a Christmas Gift Member, to your Nominated Recipient.  We will use reasonable endeavours to mail each Gift Card by the end of the second week of November following the end of the relevant Membership Year.  Each Gift Card will be activated for use on a date notified to you or your Nominated Recipient in the letter accompanying the Gift Card.
22.      Risk of loss and title to the Gift Card passes to you, or where you are a Christmas Gift Member, to your Nominated Recipient, upon delivery to the mailing address nominated by you in accordance with these Terms and Conditions.  You or your Nominated Recipient are responsible for retaining and securing each Gift Card upon delivery.  We and any participating IGA store are not responsible or liable for any loss or damage resulting from a delivered Gift Card being lost, stolen or used without your or your Nominated Recipient’s authorisation or knowledge.
23.      Where an issued Gift Card has been returned as undeliverable, the Gift Card will not be re-dispatched until such time as you contact the IGA Service Desk and provide a current delivery address. 
24.      You must notify us via the IGA Service Desk immediately in the event that a Gift Card has been lost or stolen.  We will use reasonable endeavours to cancel any such Gift Card within 1 business day of such notification.
25.      We will reissue a lost or stolen Gift Card upon notification by you, for the then-current value of the Gift Card, taking into account any use which has been made of the lost or stolen Gift Card up to the point of cancellation.  We may charge, and you must pay, a fee to reissue a Gift Card.

Use of the IGA Christmas Club Gift Card
26.      Gift Cards may only be used to purchase goods and services at participating SupaIGA, IGA, IGA X-press and IGA+liquor stores in Australia (IGA Stores). The participating IGA Stores that accept Gift Cards may change from time to time.
27.      You must treat each Gift Card like cash.
28.      Each Gift Card (including any reissued Gift Card) will expire 12 months after the initial issue date for the Gift Card under clause ?21, as printed on the Gift Card. Upon expiry of the Gift Card, the Gift Card may no longer be used, and any Remaining Value will be retained by us for the purposes of administration and promotion of the IGA Christmas Club Gift Card Program.
29.      To use the Gift Card, you must present the Gift Card to the sales assistant/operator at the service desk/checkout  at the IGA Store where purchasing goods or services. The sales assistant/operator will enter the value of the goods or services you wish to purchase in the EFTPOS terminal, swipe the Gift Card, and enter the 4-digit access pin number (PIN) which is located under the scratch panel on the back of the Gift Card.  A Gift Card transaction will only be successfully completed where the transaction is shown as being approved in the EFTPOS terminal. 
30.      Following a successful transaction, the remaining value of the Gift Card (if any) will be that proportion of the Initial Value of the Gift Card which is unspent immediately prior to the transaction, less the value of the goods and services the subject of the transaction (Remaining Value).
31.      The Remaining Value may be used in whole or in part for future purchases at IGA Stores in accordance with these Terms and Conditions.  No change will be given in respect of any transaction.
32.      You acknowledge and agree that the Initial Value of a Gift Card will be reduced by the value of all purchases of goods and services that are purchased using the Gift Card at IGA Stores, whether or not made by you or your Nominated Recipient. 
33.      When you or your Nominated Recipient undertakes a transaction using a Gift Card you or your Nominated Recipient are:
a.      confirming that the transaction correctly represents the purchase price of the goods and services obtained; and
b.      agreeing to pay the purchase price of that transaction by the reduction of the value of the Gift Card by a corresponding amount.
34.      You may check the Initial Value and Remaining Value, expiry date and transaction history by contacting the IGA Service Desk or online at http://www.accumulate.com.au/IGAChristmasClub.  You will be required to provide the 17-digit number that appears on the back of the Gift Card, the PIN and other information for verification of identity prior to accessing the Gift Card balance, expiry date and transaction details.
35.      The Gift Card cannot be used to obtain any cash advance and is not redeemable for cash.
36.      The Gift Card cannot be used to pay IGA in-store accounts or finance agreements.
37.      The Gift Card may only be used to make purchases at IGA Stores for a total value up to the Initial Value. If the total purchase price of goods or services you or your Nominated Recipient wish to purchase exceeds the Initial Value or Remaining Value of the Gift Card, the IGA Store will accept the Gift Card as a method of payment only if you or your Nominated Recipient are able to pay the balance of the purchase price by other methods of payment.
38.      Other than as may be expressly provided for in these Terms and Conditions, the Gift Card may not be cancelled or exchanged for any other type of IGA gift card or credit note.
39.      Goods or services that are purchased using the Gift Card may be exchanged or returned in accordance with the IGA Stores’ exchange and returns policy. In the event that returned goods or services that have been purchased using a Gift Card qualify for a refund, you or your Nominated Recipient must provide to the IGA Store the original purchase docket and Gift Card.  The IGA Store will then swipe the Gift Card through its EFTPOS terminal, enter the amount of the refund and the four digit PIN number under the scratch panel on the back of the Gift Card.  Once the transaction has been approved, the Remaining Value of the Gift Card will be increased by the amount of the refund.  A refund cannot be processed to a Gift Card where it results in the Gift Card Remaining Value exceeding the Initial Value of the Gift Card.  In the event that you or your Nominated Recipient are unable to produce the Gift Card for the purposes of processing a refund in accordance with this clause, then the IGA Store may in its discretion:
a.      replace the goods or services; or
b.      provide you or your Nominated Recipient with an IGA voucher for the equivalent value.
40.      Complaints about goods or services purchased with the Gift Card must be resolved with the IGA Store where the relevant goods or services were purchased.
41.      If you consider that an error has occurred in relation to a Gift Card transaction, you must notify the IGA Service Desk.

Suspension and cancellation of memberships and cooling off
42.      We may in our discretion suspend your IGA Christmas Club Gift Card Program membership in the event that we suspect any fraudulent activity in connection with such membership, pending investigation. 
43.      You may cancel your IGA Christmas Club Gift Card Program membership at any time by notifying us through the IGA Service Desk (Cancellation of Membership).
44.      We may cancel your IGA Christmas Club Gift Card Program membership at any time by notice in writing upon any of the following events:
a.      Breach by you of any provision of these Terms and Conditions, the Membership Application or the DDR Form;
b.      You suspend payment of your debts generally, become bankrupt, or have a trustee in bankruptcy or similar officer appointed in respect of all or part of your business or assets;
c.      Your death; or
d.      Your fraud or willful misconduct.  
45.      Upon notification of cancellation under clause 43 or clause 44, your membership immediately terminates, we will cancel your DDR, and refund to you (or in the case of your death, your estate) the total amount of Payments you have made to your IGA Christmas Club Gift Card Program during that Membership Year as at the date of the Cancellation of Membership, excluding:
a.      any payments that are declined or dishonoured by your bank or financial institution; and
b.      any amounts assigned to a Gift Card issued by us under these Terms and Conditions,
         and less any fees or charges for which you may be liable under these Terms and Conditions (Refund Amount).
46.      We may charge a cancellation fee to cover the administrative activities associated with any cancellation and refund under clauses ?43, ?44 and ?45 (Cancellation Fee). The Cancellation Fee will be deducted from the Refund Amount paid to you.
47.      No Cancellation Fee will be charged if the Cancellation of Membership is:
a.      within 21 days of your applying for membership (Cooling Off Period); or
b.      within the period from 10 November through to 30 November of any calendar year (Rollover Period), but only where such cancellation is solely in respect of your membership for the Membership Year commencing on 1 November of that calendar year and following;
48.      Any Refund Amount payable to you under clause 45 will be paid to you by depositing the Refund Amount into the account you have nominated in your current DDR Form.
49.      In the event that you are experiencing difficulty in keeping up your Payments for any reason, please contact the IGA Service Desk to discuss your options. 

Changes to and cancellation of the IGA Christmas Card Gift Card Program
50.      We may:
a.      restrict, suspend, discontinue or cancel the IGA Christmas Club Gift Card Program in whole or in part; and/or
b.      vary these Terms and Conditions,
         at any time upon 90 days' written notice to all active Members.  Notice of any such restriction, suspension, discontinuance, cancellation or variation will also be made available at www.iga.com.au.
51.      Upon notification of discontinuance or cancellation of the IGA Christmas Club Gift Card Program by us, your memberships will terminate, we will cancel your DDRs, and in our sole discretion either:
a.      refund to you;
b.      issue a Gift Card to you for; or
c.      issue IGA vouchers to you for,
         the total amount of Payments you have made to your IGA Christmas Club Gift Card Program during that Membership Year as at the date of the discontinuance or cancellation of Membership, excluding:
d.      any payments that are declined or dishonoured by your bank or financial institution; and
e.      any amounts already assigned to a Gift Card issued by us under these Terms and Conditions, and less any fees or charges for which you may be liable under these Terms and Conditions.  We will not charge a cancellation fee in the event of discontinuance or cancellation of the IGA Christmas Club Gift Card Program by us under clause ?50.
52.      Any Gift Card issued by us under clause ?48 will have an expiry date 12 months from the date of issue.

Liability
53.      To the extent permitted by law:
a.      we exclude all statutory or implied conditions, warranties and indemnities;
b.      our total liability to you arising under or in connection with these Terms and Conditions, the DDR Form, the Membership Application and the IGA Christmas Club Gift Card Program and in relation to any condition, warranty or indemnity which cannot legally be excluded, is limited to at our option:
                        i.          in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing the goods, acquiring equivalent goods, or having the goods repaired; or
                       ii.          in the case of services, supplying of the services again or the payment of the cost of having the services supplied again.
c.      subject to sub-clause ?53.b, we will not be liable for any direct, indirect, incidental, special or consequential loss or damages (including but not limited to loss of profit, opportunity, expectation, goodwill, data, content, revenue, pure economic loss and loss or damage to hardware or equipment).|
54.      We are not responsible for any failures or interruptions in the provision of EFTPOS facilities and Gift Card transaction functionality at any IGA Store.  We do not guarantee that any particular IGA store will participate in the IGA Christmas Club Gift Card Program and accept Gift Cards.

Privacy
55.      We have a Privacy Policy which is available at the website (http://www.iga.net.au/igafresh/index.cfm?page_id=2335). The information the Member has provided in the Membership Application is necessary for the Member to participate in the IGA Christmas Club Gift Card Program.

Amendment
56.      We may amend these Terms and Conditions at any time upon 30 days’ prior notice, by making such amendment available at www.iga.com.au.

Applicable Law
57.      These Terms and Conditions, the Membership Application and the DDR Form are to be construed in accordance with the laws of New South Wales and are subject to the exclusive jurisdiction of the Courts of New South Wales.

IGA Christmas Club Member Fee Schedule
58. As at 1^st March 2010