eGift Card Terms & Conditions

The following eGift Card Terms and Conditions ("Terms and Conditions") apply to any electronic gift card issued by SharkNinja Pty Ltd Pty Ltd ABN 87 147 260 197 (“Ninja Australia”, “Shark Australia”, “we” or “our”) that you have purchased through our website www.ninjakitchen.com.au. Such Gift Cards are hereinafter referred to as (“eGift Cards” or “eGift Card”).  Please read these Terms and Conditions carefully, and if you have any questions or would like more information about your eGift Card, please visit our website or contact us (details below).

By purchasing, accepting, or using your eGift Card, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, do not purchase, use, or accept the eGift Card. The purchase and use of an eGift Card is also subject to Ninja Australia’s Terms of Use and Privacy Policy (available on our website and also see clause 15 below).

1. Gift Card Purchases
   eGift Cards can be purchased online at ninjakitchen.com.au or  sharkclean.com.au

2. Gift Card Delivery
   eGift Cards will be sent by email shortly after purchase to the nominated email address provided at time of purchase. You will need to enter the eGift Card Code at the checkout payment page on ninjakitchen.com.au or  sharkclean.com.au to redeem your eGift Card.

3. Balance and Expiry Date
   eGift Cards expire 36 months after purchase. The balance and the three-year expiration date of the eGift Card will appear on your eGift email at the conclusion of your purchase.  Any balance that remains on the eGift Card after expiry will not be available for use. 

4. Redeeming eGift Card
   Subject to clause 3, eGift Cards are redeemable up to the amount of their balance and may be used only towards the online purchase of products in Australia on ninjakitchen.com.au or  sharkclean.com.au.  The value of the eGift Card may be used in whole or part against such future online purchases on our website until the eGift Card expires. Purchase amounts that exceed the value of the tendered eGift Card balance will require an additional payment using another payment method for the balance due.

5. Gift Card Balance
   For the balance of your eGift Card, please check on ninjakitchen.com.au or  sharkclean.com.au, or give us a call on: +61 2 8801 7666 between Monday and Friday, 9:00 am - 5:00 pm (AEDT), excluding public holidays. We reserve the right to correct the balance of your eGift Card if we  reasonably believe that a clerical or accounting error has occurred with your eGift Card, and we will give you prior written notice if this occurs.

6. Security
   You are responsible for the use and safety of your eGift Card, and all transactions made using your eGift Card. Please treat the eGift Card like cash and store it in a secure location. Subject to applicable law and clause 9, the eGift Card cannot be replaced if lost or stolen, or defaced, or damaged unless otherwise required by law. You must notify us immediately by calling or emailing our customer care team (details below) if you know or suspect any unauthorised use of your eGift Card, or if your eGift card has been lost or stolen.

7. Delivery/Risk of Loss
   The risk of loss and title for the eGift Card passes to the recipient upon the electronic transmission of the eGift Card to the recipient by email using the email address provided in the relevant order.  

8. Limitations
   eGift Cards are not debit or credit cards. eGift Cards have no cash value, and they may not be redeemed or exchanged for cash (except as required by law). eGift Cards are void where prohibited by law. eGift Cards cannot be used to purchase other eGift Cards. eGift Cards in AUD currency cannot be redeemed outside of Australia.

9. Liability

• Nothing in these Terms and Conditions is intended to exclude or modify any non-excludable statutory rights under the Australian Consumer Law (ACL), the Privacy Act 1988 (Cth) or any other applicable laws.
• Subject to clause 9(a), Ninja Australia makes no warranties, express or implied, with respect to your eGift Card outside these laws.
• We acknowledge that your eGift Card comes with consumer guarantees that cannot be excluded under the ACL. Without excluding, restricting or modifying those rights to which you are entitled under those guarantees or any other laws, our liability to you in all other cases will be limited to refund or reissue of your eGift Card up the value of your purchase.
• To the maximum extent permitted by law and subject to clause 9(a), we will not be liable to you in connection with your eGift Card for any damage or loss (including direct or consequential loss), or any loss of profits, loss of opportunity or loss of reputation, except if caused by our gross negligence.

10. General Terms
    These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of New South Wales. Any dispute between the parties shall be resolved in the courts of New South Wales. Subject to applicable law, Ninja Australia reserves the right to change these Terms and Conditions from time to time at its discretion, and if we do so, we will notify you of any changes by any reasonable means, including by posting the revised terms (or a link to the revised terms) on our website. If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Any failure by Ninja Australia 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.

11. Validity
    eGift Cards are not valid and will not be redeemed or honoured if Ninja Australia reasonably believes that the eGift Card has been obtained from unauthorised sellers or resellers, including through Internet auction sites. eGift Cards cannot be resold unless with the prior written consent of Ninja Australia.

12. Right to Refuse Card Redemption
    Ninja Australia reserves the right to refuse to redeem or honour an eGift Card where Ninja Australia reasonably suspects any fraud relating to an eGift Card. Ninja Australia reserves the right to refuse to redeem or honour any eGift Card in the event of a disputed credit card charge, bounced cheque, or other failure of consideration. Ninjakitchen.com.au reserves the right to verify the identity of the holder of the eGift Card.

13. Cancellation
    eGift Cards cannot be cancelled once they are issued unless, subject to applicable law, they are cancelled by Ninja Australia (acting reasonably and in good faith) at its discretion (such as if clause 13 applies) or if they expire.

14. Privacy
    Ninja Australia and its agents collect personal information regarding eGift Card purchases for the purpose of fulfilling orders, including verifying identification of the holder of the eGift Card, and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers, shipping service providers, and, as required, to regulatory authorities within and outside of Australia and to our affiliates in countries including New Zealand, Hong Kong, China, Japan, South Korea, Southeast Asia. Where you prefer that we do not collect your personal information, we may not be able to provide assistance and undertake activities that we would otherwise provide or undertake.
    
    In addition, subject to applicable laws, Ninja Australia and its agents may, unless otherwise advised (and we will provide you with a means of opting out), use your personal information for promotional, marketing, publicity, research, and demographic purposes, including sending electronic messages or telephoning a claimant. 
    
    You may wish to contact us to request access to your personal information, to seek to correct it or to make a complaint about privacy.  Our contact details are set out below.  We will respond to your request for access to personal information we hold about you as soon as we reasonably can, including if we are unable to provide you with access (such as when we no longer hold the information). We do not impose any charge for a request for access, but we may charge you a reasonable fee for our costs associated with providing you with access and retrieval costs. For complaints about privacy, we will establish in consultation with you a reasonable process, including timeframes, for seeking to resolve your complaint.
    
    These Terms and Conditions are deemed to incorporate Ninja Australia’s privacy policy. For details see https://ninjakitchen.com.au/policies/privacy-policy 

15. Contact
    In the event that the eGift Card system may become temporarily inoperative, you may be unable to obtain information about the balance on your eGift Card or use your eGift Card to pay for purchases during that time. Please notify us of any service issue, and/or contact for inquiries about your eGift Card including as to balance, expiry date or transaction history. using contact details below:
    - Via email customerservice@ninjakitchen.com.au
    - Via Phone: + 612 8801 7666 between Monday and Friday, 9:00 am - 5:00 pm (AEDT).