1. Introduction

These Terms and Conditions of Use apply to all atomica Gift Cards issued by Priceline Proprietary Limited (ABN 18 005 968 310).

Your purchase, redemption and general use of an atomica Gift Card is subject to the following terms and conditions. Any use or attempted use of an atomica Gift Card constitutes acceptance of these terms and conditions. Please read them carefully.

2. Definitions

“atomica” means the business operated by Priceline under the ‘atomica’ brand name.

“PIN” means the 4-digit PIN printed on the back of the Gift Card.

“Priceline” means Priceline Proprietary Limited (ABN 18 005 968 310).

“Gift Card” means the atomica gift card that you have purchased or received.

“Remaining Gift Card Value” means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms of Use.

“We, our or us” and “Priceline” means Priceline Proprietary Limited (ABN 18 005 968 310) and includes its related companies, directors, employees and agents;

A reference to “you” or “your” is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

3. Gift Card Redemption & Exclusions

3.1 Redemption

Except for the exclusions listed in paragraph 3.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases at all atomica Stores in Australia.

If the purchase exceeds the available Gift Card amount, the balance must be paid by other available payment options. The Gift Card must be redeemed within the validity period.

3.2 Exclusions

The following are the exclusions applicable to the redemption of your Gift Card:

1. 1. bill payments, including credit card accounts, and store accounts (e.g. an atomica Store Account);
   2. Gift Cards cannot be used to purchase Gift Cards or other tender; and
   3. Currently Gift Cards cannot be used as payment tender online at [www.shopatomica.com.au

4. How to load value onto your Gift Card

Present the Gift Card to our point of sale operator. Check that the Gift Card has not been removed from the cardboard carrier and that the scratch panel on the back of the Gift Card has not been tampered with or removed. If it has been tampered with or removed, give the Gift Card to our point of sale operator to be destroyed and select a new one.

Nominate the value you wish to be loaded on the Gift Card. A minimum of $10.00 and a maximum of $200.00 can be loaded on each Gift Card in-store.

Pay for your Gift Card value with the tender of your choice (other than a Gift Card). The transaction will be completed when the Gift Card is activated and loaded with value.

There may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.

Gift cards are not reloadable. No change will be given.

5. Using your Gift Card

5.1 Making a purchase with your Gift Card

Present your Gift Card at the point of sale at a participating Atomica Stores with the merchandise that you wish to purchase using that Gift Card. Our point of sale operator will scan your Gift Card and then enter the PIN into the pin pad. The transaction will be completed when the balance has reduced on your Gift Card.

No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires.

You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:

1. 1. scanning your Gift Card and entering your PIN, or allowing an operator or other person to do so, at the point of sale; or
   2. giving us details of the Gift Card and authorising the transaction in some other way approved by us.

When you authorise a transaction:

1. 1. you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
   2. you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.

5.2 Purchases exceeding the Remaining Gift Card Value

Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.

5.3 Exchanging items purchased with a Gift Card

Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to atomica’s exchang and returns policy. Priceline has the discretion to refund the payment provided on to your original Gift Card, or may issue you with a new Gift Card as part of the refund.

Exchanges or refunds for change of mind cannot be offered for:

1. • Gift Cards and vouchers; or
   • Other products advertised as being non-refundable for change of mind.

See Atomica’s exchange and returns policy on [shopatomica.com.au] for more details.

5.4 No cash advances

Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.

5.5 Checking your Gift Card balance

You can check your Gift Card balance and expiry date at any time in-store at check-out of participating stores.

5.6 Gift Card Exchanges

You cannot exchange your Gift Card for a different denomination, design or type of Gift Card or for another tender, cash or discount.

5.7 Non-Participating Stores

From time to time, particular atomica stores may not be able to sell, activate or receive payment by Priceline Gift Card. In this event, please call 1300 554 268 for your nearest participating Atomica store.

5.8 Reward Points

Reward points, including Sister Club Points, will not be awarded for the purchase of Gift Cards. Points can be earned when redeeming Gift Cards. See the Sister Club Terms & Conditions to find out how.

6. Expiry, cancellation and re-issue of Gift Cards

6.1 Expiry of Gift Cards

Gift Cards are valid for use for 3 years from the date of activation. After such time it will be invalid. You should use all of the Remaining Gift Card Value before the expiry date. It is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the Gift Card expires. Unused balances will remain the property of Priceline.

6.2 Cancellation and voiding of Gift Cards

1. 1. Gift Cards cannot be cancelled once they are issued except if they are cancelled by Priceline at Priceline’s discretion, if their value is used or if they expire.
   2. We reserve the right to cancel and not accept any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way.
   3. Defaced, mutilated, altered, lost or stolen gift cards will not be replaced, refunded or redeemed.
   4. Priceline reserves the right to verify the identity of the bearer.
   5. We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except those set out in paragraph b and c) we will elect to provide either a refund or a replacement Gift Card at our discretion.
   6. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.

6.3 Re-issue of faulty or damaged Gift Cards

A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.

7. Lost or stolen Gift Cards

Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.

8. Gift Card Transactions

The customer is liable for all transactions on the Gift Card except to the extent to which there has been fraud or negligence by Priceline or any of its employees.

9. Intellectual Property

1. 1. All material on the Gift Cards, and the atomica Website and that subsisting under it (including but not limited to text, images, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
   2. You may not use our trade marks in connection with any product or service that is not our, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
   3. All other trademarks not owned by Priceline or its related companies that appear on this site are the property of their respective owners.
   4. You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
   5. You may not in any way commercially exploit any material obtained from the Gift Card or Priceline.

10. Warranties and limitations of liability

1. 1. To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of the Gift Card and the atomica Website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you.
   2. Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.

11. General

1. 1. In these Terms and Conditions:
      1. We, our or us and Priceline means Priceline Proprietary Limited (ABN 18 005 968 310) and includes its related companies, directors, employees and agents;
      2. You or your means the person or customers using the gift card;
   2. We reserve the right to revise these Gift Card Terms of Use, our Privacy Policy and any other website terms and conditions (including but not limited to terms and conditions of purchase) simply by publishing amended Terms and Conditions (or relevant material) online. We are under no obligation to provide you with notice of updated materials.
   3. These terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Victoria, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
   4. Any failure by Priceline to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
   5. These Terms and Conditions will be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If this is not possible, the term will be severed from these Terms and Conditions without affecting the validity of the remaining terms.
   6. These Gift Card Terms of Use and our Privacy Policy consist of the entire agreement between us and you as regards the subject matter.
   7. Questions regarding our Terms and Conditions, Gift Card Terms of Use Privacy Policy, or other policy related material can be directed to our support staff.