By purchasing, accepting or using the eBay Gift Card in physical or digital form ("Gift Card") you agree to be bound by these terms and conditions (the "Terms and Conditions") and the terms and conditions contained in the eBay User Agreement (the "eBay User Agreement"). In these Terms and Conditions, "you" and "your" means the cardholder who has purchased or received a Gift Card. "We" or "our" means eBay Australia and New Zealand Pty Limited, and eBay Marketplaces GmbH, as applicable.
The terms and conditions of the eBay User Agreement are incorporated herein by reference. Please be advised that the eBay User Agreement contains provisions that govern how claims you and we have against each other are resolved (see section entitled "Legal Disputes " in the eBay User Agreement).
In the event of any conflict between these Terms and Conditions and those contained in the eBay User Agreement, these Terms and Conditions shall prevail.
- You must have an eBay account registered in Australia and an Australian delivery address to redeem the Gift Card.
- Invalid or unidentifiable Gift Card numbers will not be redeemed.
- As a security feature, upon first use the Gift Card (including funds on the Gift Card) links to the eBay account associated with the Gift Card's first use and becomes non-transferable.
- The Gift Card may only be used for purchases on eBay.com.au where the seller accepts PayPal or credit/debit card.
- It is important that you track the Gift Card balance. You may check your Gift Card balance by using the Gift Card balance checker.
- The Gift Card is not refundable or redeemable for cash or credit, unless required by law.
- The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
- The Gift Card is not reloadable. The available balance of the Gift Card at the time of purchase cannot be increased or added to.
- If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from your PayPal account or other funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.
- The Gift Card may not be used to pay eBay or PayPal service fees. The Gift Card also may not be used to buy eBay Gift Cards, third party gift cards, gift certificates, coupons, coins, paper money, virtual currency, or items generally considered to be "bullion" (for example, gold, silver, and other precious metals in the form of coins, bars or ingots).
- No more than a total of $1,500 in Gift Cards may be redeemed per transaction, no more than a total of $2,000 in Gift Cards may be redeemed per day, and no more than a total of $5,000 in Gift Cards may be redeemed per calendar month. Further, you may only redeem a maximum of eight Gift Cards in any single transaction (and fewer if you are redeeming Gift Cards in combination with other redemption codes, such as coupons or vouchers).
Disclaimer of Warranties; Limitation of Liability
- FOR THE AVOIDANCE OF DOUBT, CLAUSES 12 and 13 ARE SUBJECT TO APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW.
- WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE EBAY USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW, WE AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
- IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE EBAY USER AGREEMENT, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW WE AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORISED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION; OR (E) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. NOTWITHSTANDING THE FOREGOING AND THE DISCLAIMER OF WARRANTIES IN THE EBAY USER AGREEMENT AND IN SECTION 12 OF THESE TERMS AND CONDITIONS, IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, TO THE EXTENT PERMITTED BY APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD.
- Your Gift Card will be valid for use for three (3) years from the date of issue. You will forfeit any balance not used prior to the expiry date. Some Gift Cards may state a one (1) year expiry term; however, from 31 March 2018, all Gift Cards will expire three (3) years from the date of issue, notwithstanding the expiry term stated on the Gift Card.
- Protect the Gift Card like cash. A Lost, stolen or damaged Gift Card will only be replaced during the period for which it is valid if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law.
- We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.
- The Gift Card is not a credit, debit, or charge card. No fees apply and no implied warranties attach to it.
- Use of the eBay services is subject to the eBay User Agreement. Gift Card users must be 18 years of age or older.
- The issuer of the Gift Card is eBay Australia and New Zealand Pty Limited.
- eBay reserves the right to change the terms of the eBay Gift Card program or amend these Terms and Conditions at any time or to contract with a third party to administer this program. Any amendment to the Terms and Conditions will be effective when posted on www.ebay.com.au.
- We may assign these Terms and Conditions at any time without notice to you. However, if we assign the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified.