Myer Christmas Club Terms and Conditions

The Myer Christmas Club is operated by Myer Pty Ltd (A.B.N. 83 004 143 239) (Myer). Myer Gift Cards are issued by Myer. Each Member of the Myer Christmas Club agrees to be bound by these Terms and Conditions, the Membership Application and the Direct Debit Request Form and Service Agreement (together, DDR Form). Accumulate Loyalty Services Limited (A.B.N. 38 085 529 979) will administer the Myer Christmas Club for and on behalf of Myer. In these Terms and Conditions:
  1. 'DDR' means direct debit request.
  2. 'Membership' means a membership in the Myer Christmas Club.
  3. 'Initial Value' means the original value loaded onto your Myer Gift Card which and can be accessed by using the Myer Gift Card in accordance with the Gift Card Terms of Use.
  4. 'Membership Application' means the application form that is filled out by you to request a Membership.
  5. 'Membership Year' means 19 October to 18 October.
  6. 'Myer Christmas Club' means the arrangement governed by these Terms and Conditions whereby Members direct deposit money in prepayment for Myer Gift Cards in accordance with these Terms and Conditions.
  7. 'Nominated Recipient' means a person other than a Member who has been nominated by a Member to receive the Myer Gift Cards in respect of a Membership.
  8. 'Remaining Value' means at any time, that portion of the Initial Value loaded onto your Myer Gift Card which is unspent which and can be accessed by using the Myer Gift Card in accordance with the Gift Card Terms of Use.
  9. 'Terms and Conditions' means these terms and conditions concerning the Myer Christmas Club as amended from to time.
  10. 'you' and 'your' refer to the Member. 'We', 'our' and 'us' refer to Myer, or if the case may require, Accumulate Loyalty Services Limited acting for and on behalf of Myer.
  11. 'Business Day' means a week day on which trading banks are open for the transaction of banking in Melbourne.

Membership

1. To obtain a Membership you must:

  1. complete the Membership Application online, and
  2. complete the online DDR Form and scheduled payment details.

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 in writing of our acceptance of your application for Membership.

3. Only individuals who are acting in their personal capacity are eligible to participate in the Myer Christmas Club as a Member or Nominated Recipient.

4. Your Membership commences from the time that your application is accepted by us. Once you are a Member, your Membership will continue until it is terminated in accordance with these Terms and Conditions.

5. A Membership Year ends on each 18 October (Membership Year End). If your application is accepted by us on or after 1 October in any year, then your Membership will commence immediately however you will not be sent any Myer Gift Cards until your second Membership Year end. Upon each Membership Year End, all Memberships (if not suspended or terminated) are automatically renewed and your Membership (if not suspended or terminated) will roll over to the next Membership Year for a further 12 month period commencing on 19 October of that year and expiring on 18 October of the following year.

6. Members are either:

  1. Club Member - where the Member is the recipient of a Myer Gift Card, or
  2. Gift Member - where the Member nominates another person to receive the Myer Gift Card as a Nominated Recipient.

7. In these Terms and Conditions and correspondence regarding the Myer Christmas Club, references to a Member will apply to both Club Members and Gift Members unless the context otherwise requires.

8. By completing the details and address of a Nominated Recipient on the Membership Application, you agree that:

  1. you have authority to provide us with the Nominated Recipient’s details; and
  2. all Myer Gift Card(s) (including any bonus Myer Gift Cards) issued in connection with your Membership will be issued to that Nominated Recipient at the address nominated by you.

9. If a Nominated Recipient has been identified in your Membership all of your Myer Gift Card(s) will be issued to the Nominated Recipient. Only one Nominated Recipient may by nominated per Membership.

10. A Member may change or update his or her Membership details at any time prior to 18 October in any year in respect of that year's Myer Gift Card issuance by contacting us on 1300 398 226 or online at http://www.myerchristmasclub.com.au. The address to which Myer Gift Cards will be mailed out will be the address that is current on our system as at 18 October of each year.

Direct Debit Payments

11. You must make payments to acquire a Myer Gift Card each Membership Year. Payments to acquire your Myer Gift Card are payable by direct debit only (Payments). Payments will be deducted from your nominated Australian bank account.

12. You must be the account holder of the bank account from which Payments will be debited and complete the online DDR form, to allow Payments to be deducted from your nominated bank account and credited to your Membership.

13. Following receipt and acceptance by us of your Membership Application and valid DDR, the Payment will be deducted from your bank account on the Payment date at the frequency specified by you in the DDR. A minimum of 24 hours is required in order to process your Membership Application and DDR (or a new DDR under clause 15). 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.

14. You may specify the amount of the recurring Payment. However in respect of each Membership:

  1. there is a minimum Payment amount of AUD$10 per week, AUD$10 per fortnight or AUD$20 per month in each Membership Year,
  2. there is a maximum Payment amount of AUD$80 per week or AUD$170 per fortnight or AUD$370 per month in each Membership Year; and
  3. total Payments you make in any Membership Year may not exceed AUD$4,999.00.

15. If at any time you are unable to pay the minimum Payment amount, then you must notify the Myer Christmas Club Customer Service Centre on 1300 398 226.

16. To vary your bank account, Payment amount or frequency, you may complete a new online DDR at any time which will be processed by us under clause 13.

17. Your Payment will be debited from your bank account at the close of business on each Business Day in accordance with the frequency specified by you. If a Payment date falls on a public holiday then the Payment will be made at the close of business the following Business Day.

18. A Payment may be stopped by you, provided that you contact Myer Christmas Club Customer Service Centre on 1300 398 226 or online at http://www.myerchristmasclub.com.au by midday on the Business Day prior to the relevant Payment Date, and request that the Payment for that Payment Date be stopped.

Missed payments and DDR suspension

19. Neither Myer nor Accumulate Loyalty Services Limited are responsible or liable for charges incurred on your bank account if any Payment is declined or dishonoured by your bank or financial institution. If we are charged a fee (Dishonour Fee) by your bank or financial institution when a Payment is declined or dishonoured, we may charge you the amount of the Dishonour Fee.

20. If scheduled Payments are not made for any reason, we may in our discretion suspend the operation of the DDR and/or your Membership. If you are able to resolve the reasons for the missed Payments to our reasonable satisfaction we will reinstate your Membership.

21. If Payments exceed or are likely to exceed the total Payment limit stated in clause 14c in any Membership Year, we will suspend the operation of the DDR.

Issue of the Myer Gift Cards

22. We will issue one or more Myer Gift Cards following the expiry of each Membership Year End. The total of the Myer Gift Card(s) will have a value equal to the total amount of Payments you have made to your Membership during that Membership Year, less any Dishonour Fees and less any fees or charges for which you may be liable under these Terms and Conditions (Initial Value). We will determine the denominations of the Myer Gift Cards that will be issued to you.

23. Under no circumstances will the value in any Membership Year of one or more issued Myer Gift Cards for any one Membership exceed AUD$4,999.00.

24. If your Membership Application was sent and accepted by us on or after 1 October in any year, then your first Membership Year continues until 18 October of the following calendar year, and your first Myer Gift Card(s) will be issued following the expiry of that Membership Year.

25. Each Myer Gift Card(s) for a Membership Year will be issued by Myer and mailed by Myer’s nominated provider by registered post or another method determined by Myer or you, or where you are a Gift Member, to your Nominated Recipient. We will use reasonable endeavours to mail your Myer Gift Card(s) by mid-November following the relevant Membership Year End.

26. Risk of loss and title to the Myer Gift Card(s) passes to you, or where you are a Gift Member, to your Nominated Recipient, upon delivery to the mailing address nominated by you in accordance with these Terms and Conditions (Delivery). You or your Nominated Recipient are responsible for retaining and securing each Myer Gift Card upon Delivery - treat the Myer Gift Card(s) like cash.

27. If we have complied with our legal obligations applicable to these Terms and Conditions, neither Myer nor Accumulate Loyalty Services Limited will be responsible or liable for any loss or damage resulting from a delivered Myer Gift Card being lost, stolen or used without your or your Nominated Recipient's authorisation or knowledge.

28. Where an issued Myer Gift Card has been returned as undeliverable, the Myer Gift Card will not be re-dispatched until such time as you contact us on 1300 398 226 and provide a current delivery address.

29. You must notify us on 1300 398 226 immediately in the event that a Myer Gift Card has been lost or stolen. To the extent that we are able to, we will use reasonable endeavours to cancel any such Myer Gift Card within 1 Business Day of such notification.

30. We will reissue a lost or stolen Myer Gift Card upon notification by you, for the then-current value of the Myer Gift Card, taking into account any use which has been made of the lost or stolen Myer Gift Card up to the point of cancellation. We may charge, and you must pay, a fee to reflect our costs of reissue of the Card.

Use of the Myer Gift Cards

31. The Myer Gift Card(s) will be subject to the Myer Gift Card Terms and Conditions. The Myer Gift Card Terms and Conditions can be accessed http://www.myer.com.au/giftcards. Please read our Myer Gift Card Terms of Use before applying for your Membership.

32. Gift Cards may only be used to purchase goods and services at Myer.

33. You must treat each Myer Gift Card like cash.

34. Myer Gift Card is valid for 24 months from the issue date. Upon expiry of the Myer Gift Card, the Myer Gift Card may no longer be used, and any Remaining Value will be retained by us.

35. You may check the Initial Value and Remaining Value, expiry date and transaction history online at http://www.myer.com.au/giftcards. You will be required to provide the 17 digit number that appears on the back of the Myer Gift Card, the Access Code and other information for verification of identity prior to accessing the Myer Gift Card balance, expiry date and transaction details.

36. The Myer Gift Card cannot be used to obtain any cash advance and is not redeemable for cash.

37. The Myer Gift Card cannot be used to pay Myer in-store accounts or finance agreements.

38. The Myer Gift Card may only be used to make purchases at Myer 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 Myer Gift Card, the Myer Store will accept the Myer 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.

39. The Myer Gift Card may not be accepted in some service and food outlets in Myer stores.

40. Other than as may be expressly provided for in these Terms and Conditions, the Myer Gift Card may not be cancelled or exchanged for any other type of Myer Gift Card or credit note.

Changes to and cancellation of the Myer Christmas Club

41. We may in our sole and absolute discretion:

  1. restrict, suspend, discontinue or cancel the Myer Christmas Club in whole or in part; and/or
  2. vary these Terms and Conditions, at any time upon 30 days' written notice to all active Members. Notice of any such restriction, suspension, discontinuance, cancellation or variation will also be made available at http://www.myerchristmasclub.com.au;
  3. vary the Myer Gift Card Terms of Use in accordance with these terms;
  4. if you do not agree to the variation to these Terms and Conditions and you wish to cancel your Membership you may contact us or Accumulate Loyalty Services Limited to cancel your membership. If you cancel your Membership as a result of a variation to the Terms and Conditions within 14 days of the variation to the Terms and Conditions you will be entitled to a refund (less any fees or charges that we may be entitled to deduct under these Terms and Conditions such as Dishonour Fees) to be paid to you by depositing the amount into the bank account you have nominated in your current DDR Form.

Suspension and cancellation of memberships and cooling off

42. We may in our discretion suspend or cancel your Membership in the event that we reasonably suspect any fraudulent activity or a breach of these Terms and Conditions concerning your Membership or use of your Myer Gift Card.

43. You may cancel your Membership at any time by notifying us through the Myer Christmas Club Customer Service Centre on 1300 398 226.

44. We also may cancel your Membership at any time by notice in writing to you upon any of the following events occurring:

  1. A major breach by you of any provision of these Terms and Conditions, the Membership Application or the DDR;
  2. If you miss or suspend a Payment, become bankrupt, or have a trustee in bankruptcy or similar officer appointed in respect of all or part of your assets;
  3. In the event of your death; or
  4. In the event of your fraud or wilful misconduct.

45. Upon notification of cancellation under clause 43 or clause 44 or clause 45, your Membership immediately terminates and we will cancel your DDR. The total amount of Payments you have made to your Membership during that Membership Year as at the date of the Cancellation of Membership will be returned to you in the form of a Myer Gift Card which will be sent at the end of the Membership Year the total value of the Myer Gift Card will exclude:

  1. any Payments that are declined or dishonoured by your bank or financial institution;
  2. any dishonour fees or other charges that we are entitled to apply; and
  3. any amounts assigned to a Myer Gift Card already issued by us under these Terms and Conditions.

46. We may charge a cancellation fee of $20 to cover the administrative costs we incur associated with any cancellation and of Membership, under clauses 43, 44 and 45 (Cancellation Fee). The Cancellation Fee will be deducted from the value of the Myer Gift Card ultimately issued to you.

47. No Cancellation Fee will be charged if the Cancellation of Membership occurs:

  1. within 21 days of your applying for Membership, the Cooling Off Period;
  2. if we terminate your Membership under clause 43.

48. Where you are entitled to a refund, any funds will be paid to you by depositing the amount into the bank 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 Myer Christmas Club Customer Service Centre on 1300 398 226 to discuss your options.

Liability

50. Under the Australian Consumer Law you are entitled to warranties in relation to goods and services that cannot be excluded.

51. We are not responsible for any failures or interruptions in the provision of a Payment, EFTPOS facilities and Myer Gift Card transaction functionality at any Myer Store.

Privacy

52. The information that you have provided in the Membership Application is your personal information and is necessary for us to collect in order for you to participate in the Myer Christmas Club. We have a Privacy Policy which is available at the website (http://www.myerchristmasclub.com.au) which tells you what information we will collect and how it will be used. Please read the Privacy Policy to ensure that you understand and agree with its terms in relation to our collection and use of your personal information.

Applicable Law

53. These Terms and Conditions, the Membership Application and the DDR Form are to be construed in accordance with the laws of Victoria and are subject to the exclusive jurisdiction of the Courts of Victoria.

Fees and Charges

54. Membership is free however the following fees and charges may apply:

  1. Dishonour Fee - see clause 21.
  2. Cancellation Fee - see clause 48.

Debit Request (DDR) Service Agreement

This part sets out the Member's rights, Myer Pty Ltd ABN 83 004 143 239 (Myer)'s commitment to the Member and the Member's responsibilities to Myer together with details of where you should go for assistance. Please read this DDR Service Agreement before submitting the DDR and retain this agreement for your records.

1. This DDR Service Agreement sets out the terms on which the Member has authorised Myer, as Debit User Number 402708 to arrange for payments to be made by direct debit from the Member's bank account in accordance with the Member's instructions set out in the DDR, for the Member's Myer Christmas Club.

Myer will allow Accumulate Loyalty Services Limited ABN 38 085 529 979 to pass the direct debit file to Myer’s financial institution (who shall be determined by Myer from time to time) for processing. Accumulate Loyalty Services Limited will also investigate any declined or dishonoured payments with the Member.

2. Myer will give the Member at least 14 days written notice if Myer proposes to vary this DDR Service Agreement, including details of the debit arrangements.

3. If the Member wishes to make changes to the debit arrangements, the Member will need to log onto the Myer Christmas Club online and resubmit the DDR. These changes may include:

  1. Deferring the debit; altering the timing of debits; stopping an individual debit, suspending the
  2. DDR; or
  3. Cancelling the DDR completely.

If the Member would like to stop an individual direct debit or cancel the DDR completely, the Member can also contact the Member's financial institution.

Any enquiries to Myer and/or Accumulate Loyalty Services Limited should include the Member's name and membership number.

If the Member believes that a direct debit has been initiated incorrectly, the Member can contact Accumulate Loyalty Services Limited or contact the Member's financial institution. The Member will receive a refund of the debited amount if Myer cannot substantiate the reason for the debit.

4. Direct debiting is not available on the full range of bank accounts at all financial institutions. If in doubt, the Member must check with their financial institution before completing the DDR.

5. The Member should ensure that the bank account details given in the DDR are correct by checking them against a recent statement form the financial institution in which the bank account is held.

6. By submitting this DDR, the Member warrants and represents that he/she/they is/are duly authorised to request the direct debiting of payments from the Member's bank account described in the DDR.

7. It is the Member's responsibility to have sufficient cleared funds available in the Member's account to be debited to enable debit payments to be made in accordance with this DDR.

8. If a debit payment falls due on any day which is not a Business Day, the payment will be made on the next Business Day.

9. If a debit payment is returned unpaid, Myer may charge the Member a Dishonour Fee for each dishonoured direct debit.

10. All personal information held by Myer and Accumulate Loyalty Services Limited will be kept confidential except information Accumulate Loyalty Services Limited provides to Myer's financial institution or external service provider to initiate the debit from the Member's account. Myer's financial institution may also require the Member's information in connection with a claim made on it relating to an alleged incorrect or wrongful debit. Please refer to Myer Christmas Club Privacy Policy for further information regarding how Myer and Accumulate Loyalty Services Limited will handle personal information. You can obtain a copy of Myer's Privacy Policy at http://www.myerchristmasclub.com.au.

11. "Member" in this DDR Service Agreement means the holder/s of the Membership (including the Member) that is named in the DDR.

12. "Member" in this DDR Service Agreement means the member of the Myer Christmas Club that is named in the DDR.