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JOZZBEAT GIFT CARD TERMS AND CONDITIONS



Date: January 2011

Product Issuer:
JozzBeat Music Publishing ABN 13 612 549 105
PO Box 1615
Bowral  NSW  2576

TERMS AND CONDITIONS:


1. Definitions In the terms and conditions:


“activate” means the initial loading of value onto a JozzBeat Gift Card.
“Card Balance” means the unspent value of a JozzBeat Gift Card.
"Card Number" means the XX-digit number that appears on the back of a JozzBeat Gift Card.
“Expiry Date” means the date, being twelve (12) months from the date of purchase, after which any remaining funds on a JozzBeat Gift Card will not be available for redemption.
“redeem” means to reduce the value loaded on your JozzBeat Gift Card by using the JozzBeat Gift Card to purchase goods.
"Website" means jozzbeat.com, jozzbeatinteractive.com or myjellybeans.com.
"JozzBeat Gift Card" means a JozzBeat Gift Card, issued by us.
“JozzBeat Gift Card Participating Store” means one of the stores listed on the Website (jozzbeat.com) as a store which accepts payment using the JozzBeat Gift Card, as amended from time to time.
A reference to "we", "us" or "our" is a reference to JozzBeat Music Publishing Pty Ltd.
A reference to "you" or "your” is a reference to the person who is taken to agree to these terms and conditions under Clause 2. 2.

2. Agreeing to the terms and conditions


2.1 These terms and conditions apply to each JozzBeat Gift Card.
2.2 You agree to be bound by these terms and conditions by purchasing, activating, using, or attempting to use a JozzBeat Gift Card or by making a transaction enquiry or exercising any right to redeem value loaded on a JozzBeat Gift Card.
2.3 By purchasing, activating, using or attempting to use a JozzBeat Gift Card, or by making a transaction enquiry or exercising any right to redeem value loaded on a JozzBeat Gift Card, you warrant to us that you will comply with these terms and conditions and all applicable laws and that the JozzBeat Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
2.4 If you are giving a JozzBeat Gift Card to another person, you should ensure that he or she is aware of the terms and conditions that apply to the JozzBeat Gift Card and the relevant Expiry Date of the JozzBeat Gift Card.

3. Purchasing a JozzBeat Gift Card


3.1 JozzBeat Gift Cards can be purchased online at the Website or from any JozzBeat Gift Card Participating Store. For more information visit the Website.
3.2 A minimum of $10 and a maximum of $500 can be loaded on each JozzBeat Gift Card in a JozzBeat Gift Card Participating Store. At our absolute discretion, we may change the minimum and maximum amounts that can be loaded on JozzBeat Gift Cards. If we decide to do this, we will publish details on the Website.
3.3 There may be a delay between when you pay for a JozzBeat Gift Card and when the JozzBeat Gift Card is activated by our sales systems. During the period of delay, the JozzBeat Gift Card cannot be used to make purchases or transaction enquiries.
3.4 Your JozzBeat Gift Card is valid for use until the Expiry Date, being 12 months from the date of its purchase. Any unspent value cannot be used or redeemed after that date.

4. Redeeming your JozzBeat Gift Card


4.1 Your JozzBeat Gift Card can be redeemed for goods from JozzBeat Gift Card Participating Stores up to the value loaded onto your JozzBeat Gift Card. Value redeemed is deducted from the Card Balance.
4.2 JozzBeat Gift Cards can be used for online purchases at JozzBeat.com online and MyJellybeansmusic.com.
4.3 JozzBeat Gift Cards cannot be refunded or used to obtain cash.  Resale of JozzBeat Gift Cards is strictly prohibited, except with our prior written consent. If approved, Gift Cards cannot be resold for more than the original purchase price. JozzBeat Gift Cards that are resold in breach of this clause will be invalid with the result that purchasers of those cards will not be able to use or redeem unspent value on their JozzBeat Gift Cards.
4.4 Your use of the JozzBeat Gift Card at a JozzBeat Gift Card Participating Store is subject at all times to the policies (and, where applicable, other terms and conditions) of that JozzBeat Gift Card Participating Store regarding the goods made available by it.  
4.5 Where the price of the goods being purchased with the JozzBeat Gift Card exceeds the Card Balance, you must pay the amount exceeding the Card Balance by an alternative payment method at the discretion of the relevant JozzBeat Gift Card Participating Store.
4.6 Once your JozzBeat Gift Card has expired any unspent value cannot be used or redeemed by you.
4.7 Once your JozzBeat Gift Card has reached a nil balance it cannot be re-activated.
4.8 The redemption of Gift Cards is restricted to the purchase of standard retail quantities of goods.

5. No recharging of the JozzBeat Gift Card


5.1 After a JozzBeat Gift Card has been activated; you cannot subsequently add value to it.

6. Transaction enquiries


6.1 You can check your JozzBeat Gift Card(s) Expiry Date, transaction history and Card Balance by: (a) emailing info@jozzbeat.com, or (b) calling 1300 307 506.
6.2 To make a balance enquiry as set out above, you must have your Card Number and original place of puchase.

7. Lost or stolen JozzBeat Gift Cards


7.1 You must treat your JozzBeat Gift Card like cash. If your JozzBeat Gift Card is damaged, please contact the store of purchase or the person or organisation that gave you the JozzBeat Gift Card. However, we have no obligation to replace or refund value for lost, stolen or damaged JozzBeat Gift Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions (for example warranties as to the exercise of due care and skill in providing services and as to fitness for purpose of materials we provide).
7.2 We reserve the right to place a stop on your JozzBeat Gift Card if:
(a) you report that your JozzBeat Gift Card has been lost, stolen or damaged; or (b) we believe (or reasonably suspect) that you have used (or will use) your JozzBeat Gift Card contrary to these Terms and Conditions.

8. Liability



8.1 You are responsible for the use and safety of your JozzBeat Gift Card, and are liable for all transactions made on your JozzBeat Gift Card.
8.2 Subject at all times to the exceptions in paragraph 8.3, we are not liable to you for any loss or damage (whether direct, indirect, consequential or special) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a JozzBeat Gift Card, these Terms and Conditions or your use of the Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website.
8.3 The exclusion of our liability in paragraph 8.2, only applies to the extent permitted by law. Where consumer protection legislation implies any condition or warranty that cannot be excluded in these terms and conditions, we limit our liability for breach of any such implied conditions or warranties to re-supply of the services (or costs thereof). Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause 8 will apply even after this agreement has ended.

9. Relationship with JozzBeat Music Publishing Pty Limited



9.1 JozzBeat Gift Cards may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain our prior written approval. JozzBeat Gift Cards that are used in marketing, advertising or other promotional activities in breach of this clause will be invalid with the result that recipients of those cards will not be able to use or redeem unspent value on their JozzBeat Gift Cards.

9.2 Use of our name or brands, or any names, logos or get-up of JozzBeat Gift Cards (other than in connection with the purchase or use of JozzBeat Gift Cards), is strictly prohibited.

9.3 You must not use a JozzBeat Gift Card in any manner that states or implies that any person, website, business or product or service is endorsed or sponsored by or otherwise affiliated with us or any of our subsidiaries or affiliates.

10. Errors and complaints



10.1 If you have questions or if you wish to make a complaint about your JozzBeat Gift Card, please visit or contact the relevant JozzBeat Gift Card Participating Store or email us using the Contact Us section of the Website.