ASICS Oceania Pty Ltd (ABN 59 003 091 389) located at 6 Darling Street, Marsden Park, NSW, 2765 (ASICS, our, us, we) may from time to time offer gift cards of differing values and expiration periods (Gift Card) for sale. All ASICS Gift Cards will be subject to the following terms and conditions of use:
1. Gift Cards may only be used to purchase ASICS branded products at ASICS owned stores. The locations of all ASICS owned stores may be found here.
2. Unless stated otherwise on a Gift Card, the expiry date of every Gift Card will be three (3) years from the date of issue as shown on the Gift Card/your receipt. The expiry date of a Gift Card cannot be extended.
3. Gift Cards may be issued with different monetary values in Australian dollars, not exceeding $500.00.
4. The monetary value of a Gift Card is not redeemable for cash or refundable. ASICS reserves the right to refund any small balance left on a Gift Card after one or more purchases of ASICS products where use of the Gift Card is considered inconvenient by ASICS. Staff to refer to ASICS Operations Manual
5. Gift Cards cannot be used for cash equivalent transactions with third parties. Gift Cards are not legal tender nor credit, savings or debit cards nor securities of any kind.
6. A Gift Card is not reloadable, meaning that neither the purchaser of a Gift Card nor any other recipient of a Gift Card can make additional payments that increase the monetary value of a Gift Card.
7. Once the expiry date of the Gift Card has passed, any unused portion of the monetary value of the card will become the property of ASICS and you will not be entitled to claim or use any monetary value left on the Gift Card after the expiry date in any way, including by transferring it to a new Gift Card.
8. You are solely responsible for the security of the Gift Card because anyone holding the Gift Card may use its value to make purchases at ASICS specialty stores.
9. If the Gift Card is lost or stolen, you may immediately report this by calling “02 9853 2300” during Sydney business hours. We will require you to supply the Gift Card number (located on the back of the Gift Card), issue date, existing balance and the original receipt for the purpose of verification and security checks (Verification). ASICS will use all reasonable endeavours to stop the Gift Card being used without your authority once you notify us but ASICS accepts no liability in the event that it is unable to stop such use.
10. If the Gift Card is faulty, please call our contact number or visit one of our specialty stores to arrange for the error to be checked and, if necessary, we will replace the Gift Card subject to Verification. A replacement Gift Card will have the expiry date and the monetary value that existed on the Gift Card when we checked it.
Gift Cards will be considered void if they are defaced, mutilated, altered or tampered with in any way.
11. The Gift Card remains the property of ASICS and nothing in these Conditions of Use or the Gift Card grants you ownership or any interest in any trade marks (including the ASICS name), logos, images, text, designs, graphics, domain names, photographs,
illustrations or other material and subject matter that may appear on the Gift Card or any packaging used for the Gift Card.
12. Purchasing or using the Gift Card means that you accept these Conditions of Use. You must tell anyone to whom you give a Gift Card that they are also bound by these Conditions of Use.
13. We can vary or replace these Conditions of Use from time to time. If you Purchase a Gift Card it will be subject to the Conditions of Use published on this ASICS website at the date of issue of the Gift Card.
14. We may cancel any Gift Card or Gift Card scheme at any time without notice. If we take this step we will either refund the unused portion of the monetary value of the Gift Card or issue you a new Gift Card with the same unspent balance and expiry date as the cancelled Gift Card.
15. You acknowledge and agree that these Conditions of Use apply only to your use of the Gift Card and do not extend to any ASICS products that you purchase using the Gift Card. All ASICS products purchased using the Gift Card will be subject to separate terms of sale published or available at the ASICS specialty stores.
16. Without limitation to the other terms and conditions set out in these Conditions of Use, ASICS maximum liability to you in relation to or connected with your purchase and use of the Gift Card is the greater of:
- remedies available to you under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (ACL), including, in particular, the consumer guarantees in respect of the supply of goods under the ACL; or
- the monetary value of the Gift Card less any portion of that monetary value that has been used by you.
17. If any provision of these Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remaining provisions in these Conditions of Use which will continue in full force and effect.
18. No waiver of any obligation or right by ASICS will be effective unless in writing and executed by ASICS.
19. These Conditions of Use will be governed and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Conditions of Use. ASICS reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Conditions of Use.
