Australia
Valiram Gift Card Terms and Conditions of Use
Revised: 21st September 2020
USE OF THE VALIRAM GIFT CARD PROGRAM AND MOBILE APPLICATION (THE “VALIRAM CARD”, “APPLICATION” ) CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE (“TERMS”), AS MAY BE REVISED AND UPDATED BY VALIRAM AT ITS ABSOLUTE DISCRETION FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”, “YOU”) AND LUXURY VENTURES PTE LTD (“VALIRAM”, “US”) GOVERNING THE USE OF THE VALIRAM GIFT CARD PROGRAM AND MOBILE APPLICATION.
PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT WHICH GOVERNS THE USE OF THE VALIRAM GIFT CARD PROGRAM AND APPLICATION BEFORE USING YOUR VALIRAM GIFT CARD. IF YOU DO NOT UNDERSTAND THESE TERMS YOU MAY E-MAIL ASK@VALIRAMGIFTS.COM TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR VALIRAM GIFT CARD.
BY DOWNLOADING OR INSTALLING THE APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.
PLEASE ALSO TAKE THE TIME TO REGISTER YOUR VALIRAM STORED VALUE CARD (“VALIRAM GIFT CARD”) AT OUR WEB SITE AT www.valiramcard.com (“VALIRAM WEBSITE”)AS THIS WILL ENSURE YOUR SECURITY IN THE EVENT THAT YOUR CARD IS LOST, STOLEN OR DAMAGED.
WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
PART A: VALIRAM GIFT CARD GENERAL TERMS
About Your Account which is valid for Valiram in-Stores Purchases Only
The Valiram Gift Card is issued to you by Valiram. It allows you to load a monetary value on to your Valiram Gift Card for future purchases at selected Valiram stores across Australia only. The Valiram Gift Card can be used to make any purchases at Valiram stores except for purchase of other Valiram Gift Cards. The Valiram Gift Card is to be treated like cash. It cannot be replaced if lost, stolen or damaged unless you have registered each of your Valiram Gift Card and reported the loss as described below. The monetary value that you load onto your Valiram Gift Card is a pre-payment only for the goods and services of Valiram stores. No credit card, credit line, overdraft protection or deposit account is associated with a Valiram Gift Card. No interest, dividends or any other earnings on funds loaded on to a Valiram Gift Card will accrue or be paid or credited to you by Valiram. The value associated with the Valiram Gift Card is not insured or guaranteed by any person or entity.
Your Valiram Gift Card is only valid for use in selected Valiram stores in Australia only. We reserve the right not to accept any Valiram Gift Card or otherwise limit use of a Valiram Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Loading Value on Your Card
In Australia, you can load value onto a Valiram Gift Card by using cash, credit card, and/or debit card by visiting any Valiram stores in Australia. If you choose to top up your Valiram Gift Card online, any personal data which you provide to us in order to do so will be held pursuant to Valiram Privacy Policy on servers in Australia and by proceeding with the topping up facility, you will be agreeing to this arrangement. Loading a Valiram Gift Card with another Valiram Gift Card is not allowed. The minimum amount that can be loaded into a Valiram Gift Card for the first time is AUD10. A maximum amount of AUD3,000 is permitted on a Valiram Gift Card at any given time and the amount that can be reloaded into a Valiram Gift Card must be in denominations of AUD10. Valiram may change these maximum and minimum amounts at any time by notifying you at the point of sale or on the Valiram web site and such change shall not constitute an amendment to this agreement.
Fees and Expiry Date
Valiram does not charge any fees for the issuance, activation, use or reloading of your Valiram Gift Card. Your Valiram Gift Card will not expire.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Valiram Gift Card account. You can check the balance of your Valiram Gift Card or review the last twenty recent transactions on your Valiram Gift Card on the Valiram Website or by calling enquiry@valiramcard.com. Keep your receipts and check your online statement to ensure that your account balance is correct.
Redemption
The Australia Valiram Gift Card cannot be exchanged for cash or credit balance unless required by and subject to the terms of this agreement. All reward benefits are valid only within their stipulated periods. There is no reversal or refund of any activation or credit reload into your Valiram Gift Card.
Complaint Handling
We reserve the right to correct the balance of your Valiram Gift Card account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Valiram Gift Card, please contact our Customer Care Team via e-mail ask@valiramgifts.com and we will conduct an investigation and communicate the results and correct any proven error as soon as we complete the investigation. If no error was found, you will be informed after the investigation is fully completed. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the billing date. You should monitor your transactions and account balances carefully and closely.
Optional Registration and Liability for Unauthorised Transactions
Because your Valiram Gift Card is used like cash for purchases from Valiram stores, you are fully and solely responsible for the security, management and for all transactions associated with your Valiram Gift Card, including unauthorized transactions. There are no replacements for lost, stolen or damaged Valiram Gift Cards. However, for registered Valiram Gift Card, the card can be deactivated by contacting our Customer Care Team via e-mail ask@valiramgifts.com or log online at the Valiram Website to stop usage of the card. You are required to activate a new Valiram Gift Card with the minimum load amount of AUD10 and transfer the balance from the deactivated card into the new card online upon registration of the new card. We can only replace the balance remaining on the card from the time it was deactivated. Your Valiram Gift Card balance is only protected from the point in time that you notify us that the Card is lost, stolen or damaged. The transfer of value of the deactivated card must be done within thirty (30) days from the date it was deactivated and if you fail to do so, the remaining balance in the deactivated Card shall be automatically forfeited and is non-refundable.
In the event that an unregistered Valiram Gift Card is lost, any remaining balance on the Valiram Gift Card is automatically forfeited and is non-refundable. Likewise, any remaining balance on a registered Valiram Gift Card shall be forfeited and is non-refundable if you do not comply with the loss reporting processes set out above.
You are advised to register your Valiram Gift Card upon activation. To register your card, please visit the Valiram Website. Please notify us immediately if there is a change of information provided for registration. Personal information which you provide to us for purposes of registering your Valiram Gift Card will be held pursuant to Valiram Privacy Policy which is available on the Valiram Website. If your registered Valiram Gift Card is lost, stolen or damaged, you should contact us immediately at enquiry@valiramcard.com.
PART B: IMPORTANT LEGAL TERMS
Apple and Google Terms and Conditions; Valiram Policies
These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) (“Google Terms”) and (c) other Valiram policies (“Valiram Policies”), including the terms of use for the Valiram Website and the Valiram Gift Card, posted at the Valiram Website. If any of the provisions of the Apple Terms, Google Terms or any applicable Valiram Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
User License
Subject to these Terms, Valiram grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Online Payment
Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to load value to or make payment by a Valiram Gift Card or to transfer any or all of the outstanding balance from one Valiram Gift Card to another Valiram Gift Card in accordance with these Terms and the Valiram Policies including the Valiram Gift Card Terms and Conditions located at Valiram Website or which will allow the User to use a Device to make payment by credit card in accordance with these Terms and the Valiram Policies (“Online Payment”). Valiram reserves the right at any time to discontinue any or all of
the functions of Online Payment.
You may only use the barcode or code generated from your Device to make a payment. Valiram reserves the right to reject any barcode or code presented in any other forms such as screenshots, printed or images generated through any other mediums. Valiram shall not be liable to verify the identity or authenticity of any Device holder. All transactions carried out from your Valiram account through a Device shall be deemed to be valid and authorised by you.
User Information
Some functionality of the Application, including Online Payment, purchase of Valiram Virtual Card (“E-Card”) and location based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to a Valiram Gift Card or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to Valiram, its agents and/or service providers and authorizes Valiram, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in the Valiram Privacy Policy located at Valiram Website. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, including Online Payment, for all transactions and other activities undertaken with any Valiram Gift Card registered in the User’s name or in relation to purchase of Valiram E-Card, whether authorized or unauthorized. The User agrees to immediately notify Valiram of any unauthorized transactions associated with the Application including Online Payment or any other breach of security. Valiram shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
Acceptable Use
Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the Valiram Policies. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Valiram Website or Content that is not authorized by Valiram; (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Application, Valiram Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Valiram computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Valiram servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Valiram reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that Valiram reasonably believes is or might be in violation of these terms of Acceptable Use or Valiram Policies including the Valiram Gift Card Terms and Conditions, but Valiram’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
No Liability
Valiram will not be liable the User for:
any loss of income, business, goodwill or profits arising out of this agreement;
any unauthorized access to or alteration, theft or destruction of the Valiram Gift Card;
the consequences of any delay or mistake relating to the use of Valiram Gift Card caused by any circumstances beyond Valiram’ control;
any loss or damage which was not caused by Valiram’ breach of this agreement or breach of legal duty of care;
any loss or damage which was not a reasonably foreseeable result of either Valiram’s breach of this agreement or breach of legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time Valiram and the User entered into this agreement, such loss was contemplated by the User and by Valiram; or
any loss or damage suffered by the User as a result of the User failing to take reasonable precautions against such loss or damage.
No Warranties
VALIRAM IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, VALIRAM DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
Indemnification
At Valiram’s request, the User agrees to defend, indemnify, and hold harmless Valiram, Valiram Corporation and their affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the User’s use or misuse of the Application (including Online Payment), violation of these Terms or violation of any rights of a third party. Valiram reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Valiram, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Marks, Application and Content
“Valiram”, “Valiram Group”, the Valiram logo, and other Valiram trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Valiram Corporation (collectively “Valiram Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Valiram Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Valiram or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Valiram or the owner of the Content.
Changes
Valiram reserves the right to change or modify these Terms or any other Valiram Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Valiram Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Assignment
We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected.
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Governing Law and Jurisdiction
These Terms are governed by the laws of Australia, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of Australia for purposes of any legal action arising out of or related to the use of the Application or these Terms. If as a result of the introduction of new laws, stamp duty, statutory fee and service tax (including any goods and services tax) is chargeable in connection with this Agreement, you agree that Valiram is authorised to deduct such duty, fee and tax from your Valiram Gift Card upon
activation.
Entire Agreement; Construction
All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and Luxury Ventures Pte Ltd and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.
Enquiries or Questions
If you have any questions regarding this Valiram Gift Card Account Terms of Use and Agreement, or your Valiram Gift Card, please email our Customer Care Team at the Valiram website or email at enquiry@valiramcard.com.
Luxtralia Pty Ltd
LEVEL 3, 112,
CASTLEREAGH STREET,
SYDNEY 2000,
AUSTRALIA.
Valiram Gift Card Customer Care
enquiry@valiramcard.com
Mondays to Sundays
9am to 6pm