These conditions apply to use of the Shell e-Gift Card (“Card”). The Card is issued by Blackhawk Network (Australia) Pty Ltd ABN 84 123 251 703 (“Blackhawk” or “us” or “we” or “our”). If you gift the Card to another person, you must tell them that they will be bound by these terms and conditions (“Terms and Conditions”). New South Wales, Australia law applies to these Terms and Conditions. By using your Card you unconditionally agree to these Terms and Conditions and submit to the jurisdiction of the courts of NSW. By purchasing or using a Card, you agree to comply with applicable laws. The Card must not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.

1.   The Card can only be used for purchases of goods and services, at participating Shell branded service stations in Australia (which excludes cash and cash equivalent transactions at ATMs over the counter at Financial Institutions and merchants and merchant groups who elect not to accept prepaid gift cards). You acknowledge and agree that participating sites may change from time to time for reasons beyond our control or where required by law, and that not all Shell branded sites will be participating sites. For a current list of participating sites, please use the fuel finder.

2.   Your use of the Card is subject at all times to the policies (and, where applicable, other terms and conditions) of each participating site regarding the goods and services made available by it.

3.   Cards cannot be used towards the purchase of any other gift cards or vouchers. Once the Card has been purchased, you cannot add or load additional value to it.

4.   Resale of Cards is strictly prohibited and Cards that are resold in breach of these Terms and Conditions may be considered invalid. The Card may be used as personal or business gifts, but the Card and the Shell mark and logo must not be used in connection with any marketing, advertising or other promotional activities.

5.   Subject to the available functionality of the participating site, the Card may be used in-store through the mobile wallet functionality in Apple Pay, Google Wallet and Samsung Pay. The Card is not available for online purchases or for use in or via any other app (including but not limited to Shell Card Go app). Further information can be viewed on this website.

6.   Each time you use the Card, you authorise us to deduct the amount of the transaction from the balance of funds on the Card. The available balance cannot be exceeded. Where a purchase exceeds the available balance, the excess must be paid using another payment method. The Card cannot be used for direct debit, recurring or instalment payments or for cash withdrawal. Transactions made using the Card may be declined by some merchants. To the maximum extent permitted by law. We are not liable in any way when a transaction is declined or a transaction otherwise does not proceed, due to the actions of a third party.

7.   You are responsible for checking your transaction history and available balance online at Card Balance or by calling 1800 465 544. We do not charge a fee to check your transaction history or available balance. Any charges imposed by your internet or phone provider depend on your provider and are your responsibility.

8.   The Card is not reloadable and is valid for a minimum of four (4) years from the date of issue, and for the period described on the Card and/or carrier. Any balance remaining on the Card upon the expiry of the Card will be forfeited and will not be redeemable or refundable.

9.   Transactions cannot be conducted overseas using the Card.

10.   Use of the Card at a participating Shell is subject to the policies (and, where applicable, other terms and conditions) of that participating Shell store regarding the goods and services made available by it.

11.   For disputed transactions, you should notify Cardholder Services immediately on 1800 465 544 or contact us online.

12.   We will handle all complaints according to our internal dispute resolution procedure and in compliance with the applicable laws. Our dispute resolution procedure requires that we seek to resolve your complaint within 21 days, although it is not always possible to do so.

13.   The Card cannot be replaced if misused, lost, stolen, or damaged. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify Cardholder Services immediately on 1800 465 544 or contact us online.

14.   Our goods and/or services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

15.   For security reasons or where required by law, including where our systems suspect fraud or other illegal activity, we may restrict the number of transactions or amount of transactions you can make with the Card, prevent a transaction, revoke or stop the use of the Card. You cannot stop payment on any transaction made with the Card.

16.   Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit, as determined by the policy of the relevant merchant. If the Card expires or is revoked in accordance with these Terms and Conditions before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds and those funds will be forfeited, subject to the applicable laws.

17.   For the avoidance of doubt, our goods and services comprise the stored value of the Card. We have no liability to you for goods and services that you purchase using the Card. Claims relating to the goods and services you purchase using the Card should be directed towards the manufacturer, supplier and/or the retailer of the relevant goods and services.

18.   Personal information will be used and shared as described in Viva Energy's privacy policy and Blackhawk's privacy policy, which is incorporated herein. When you purchase or redeem a Card or provide your personal information in connection with the Card, you agree to your personal information being used as described in these privacy policies.

19.   Subject to clause 20 and applicable law, we reserve the right to change these Terms and Conditions at any time, provided that the changes do not materially reduce or limit your rights under these Terms and Conditions.

20.   To the extent permitted by law, we may change these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions only if we are required to do so by law, where such changes are imposed on us by a third party or where the change is required to protect our legitimate commercial interests.

21.   You will not receive advance personal notice of changes to the Terms and Conditions. Changes will be notified on this website and will be effective from the date of publication. If we make changes to these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions, we will endeavour to give you 30 days’ notice by publishing the revised Terms and Conditions. The current version of the Terms and Conditions can be viewed on this website.

22.   If any provision or part of a provision of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the remaining provisions (or parts of provisions) will continue in full force and effect.

23.   The laws of the state of New South Wales apply to this agreement. By entering into this agreement you unconditionally submit to the jurisdiction of the courts of New South Wales.

Authorised Retailer means any Participating Service Station or third party store or retailer specified on the Website as authorised to sell Gift Cards, as amended from time to time.
Card Number means the identification number displayed on the Gift Card.
Expiry Date means the date specified on the Website for the expiration of each Gift Card.
Gift Card means the physical Shell branded Gift Card issued by Viva Energy Retail that you have purchased or received.
Order means an order by you to purchase a Gift Card.
Participating Service Stations means the designated Shell branded service stations specified on the Website (identifiable using our fuel finder) where Gift Cards can be used to purchase goods or services, as amended from time to time.
PIN means the 4-digit PIN printed on the back of the Gift Card.
Remaining Gift Card Value means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and which can be accessed by using the Gift Card in accordance with these Terms and Conditions of Use. The Remaining Gift Card Value is also referred to as your balance.
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 and Conditions of Use, or who authorises another person to do something with or to the Gift Card on their behalf.
Viva Energy Retail means Viva Energy Retail Pty Ltd ABN 96 662 372 027, of Level 16, 720 Bourke Street, Docklands, Victoria, Australia, 3008.
we, us or our is a reference to Viva Energy Retail.
Website means giftcards.shell.com.au or at such other address notified by Viva Energy Retail should the URL change.

These Terms and Conditions of Use apply to Gift Cards.

By purchasing, redeeming or attempting to redeem a Gift Card, you accept and agree to be bound by, and comply with, these Terms and Conditions of Use. We strongly recommended that you read this document in its entirety before you place an order for, purchase or use, a Gift Card and draw them to the attention of Gift Card recipients wherever possible.

These Terms and Conditions of Use do not apply to any Gift Cards issued in conjunction with third-party partners as part of a promotional campaign. Such terms and conditions for promotional campaigns will be available on the third-party partner’s website.

If you have any questions or would like more information about the Gift Card please call 1300 554 268.

To load value onto a Gift Card, present the Gift Card to a team member at an Authorised Retailer, and nominate the value you wish to be loaded on the Gift Card. A minimum of $20.00 and a maximum of $500.00 can be loaded on to each Gift Card. This amount may be changed at our absolute discretion at any time and details will be published on the Website.

Check that the Gift Card has not been removed from the cardboard carrier and the scratch panel on the back of the Gift Card has not been tampered with or been removed. If it has been tampered with or removed, give the Gift Card to a team member at the Authorised Retailer to be destroyed and select a new one.

Value loaded onto a Gift Card at an Authorised Retailer is not a qualifying amount towards in-store purchase fuel discount offers (cents per litre off).

You can pay for your Gift Card using any accepted payment method in the Participating Store, such as cash, EFTPOS, or credit card, but not with another Gift Card. The transaction will be finalised once the Gift Card is activated and loaded with the specified amount.

There may be a 24-hour delay with the Gift Card activating in the system once loaded. During this time, the Gift Card cannot be used for purchases or transaction enquiries.

By entering a valid Card Number and PIN, you will be granted access to the services provided on the Website, such as checking the Remaining Gift Card Value and Expiry Date. The PIN for a Gift Card serves as a means of identification and does not provide any protection or security in the event of loss or theft of your Gift Card. It is essential that you treat your Gift Card with the same caution as cash.

Promptly notify us of any known or suspected unauthorised use of your Gift Card by contacting 1300 554 268.

Gift Cards can be redeemed for goods and services at Participating Service Stations Australia-wide. To view a list of Participating Service Stations, please use our fuel finder.

There is no minimum purchase value when you use the Gift Card.
Except for the exclusions listed below, once loaded with value your Gift Card may be redeemed for purchases at Participating Service Stations Australia-wide.

The transaction will be completed when the balance has reduced on your Gift Card. No change will be given: any remaining balance on the Gift Card can only be used in whole or part against future purchases at a Participating Service Station.

You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services made using your Gift Card at a Participating Service Station. This includes where any of the following occurs:

1. Your Gift Card is swiped and the PIN is entered, or the Gift Card holder authorises our team member or other person to perform these actions, at an electronic point of sale terminal at a Participating Service Station; or
2. A Participating Service Station is provided with details of the Gift Card, or the transaction is authorised in some other way by the Gift Card holder that is accepted by the Participating Service Station.

When you use a Gift Card in a transaction:

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 Card Value.

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

You acknowledge that the Gift Card may not be used:

• to purchase Gift Cards;
• to pay a store or credit or Shell Card account;
• to purchase goods or services that the Participating Service Station is not permitted to supply to you by law in the location the sale is to take place;
• to purchase goods or services that are not permitted to be supplied to you under the Participating Service Station’s company policy in the location the sale is to take place;
• to withdraw cash, including from ATMs or EFTPOS facilities;
• at any store except a Participating Service Station; and
• for purchases by email or phone.

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. Gift Cards cannot be reloaded.

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

Gift Cards cannot be used to purchase another Gift Card.

Your Gift Card is valid for use for 4 years from the date of Activation (or otherwise extended by us), after such time it will be invalid and any Remaining Value on the Gift Card will be forfeited by you. It is your responsibility to ensure that any balance is used prior to the Expiry Date.

You can check the Remaining Card Value, Expiry Date and transaction history at any time online or by calling 1300 554 268. For balance enquiries by phone or online, you will be required to enter both the Card Number and PIN prior to getting access to the Gift Card information.

Gift Cards cannot be cancelled once they are issued except if voided by Viva Energy Retail, if their full value is used or if they expire.

We reserve the right, acting reasonably, to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way and Viva Energy Retail may subject Gift Cards to a verification process.

We reserve the right to correct the balance of your Gift Card if we believe, acting reasonably, that a clerical or accounting error has occurred.

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 by us or by any of our employees or if otherwise required by law (Defectively Issued Card). If a Gift Card is a Defectively Issued Card you may be entitled to a replacement Gift Card or a refund of the amount that you paid for the Gift Card, in accordance with the applicable law.

Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded, unless the theft is proven to have arisen due to our negligence or breach of law. The bearer of the Gift Card will be taken to be the owner of the Gift Card.

If you need to return or replace a defective item purchased with a Gift Card, please present the item, your Gift Card, and the purchase receipt at the Participating Store where you made the purchase. In accordance with Australian Consumer Law, you may be entitled to a replacement or refund for defective items. Any replacement will be arranged through the Participating Store where the purchase was made.

Gift Cards are available for purchase through Corporate Card Store. The Corporate Card Store is a self-managed portal owned and operated by Blackhawk Network (Australia) Pty Ltd that enables corporates and consumers to purchase bulk or single orders.

You must first register your business with Corporate Card Store prior to placing an Order. To register, complete the registration process at Corporate Card Store, and email shellgiftcards@bhn.com to receive access to the Gift Card. By registering with Corporate Card Store, you agree to the Card Fulfilment and Conditions of Corporate Card Store.

You may use Gift Cards for:

• Reward and recognition program(s);
• Loyalty programs;
• Consumer and trade promotions;
• Incentive programs;
• Programs operated by you and your organisation as a third party service provider for business, marketing and program services on behalf of corporations and businesses in Australia;
• Charity and fundraising programs;
• Prizes and Gifts; and
• Emergency and social relief.

Any use of Gift Cards pursuant to this clause shall not constitute onselling or reselling of a Gift Card where the provision of the Gift Card to staff, team members or third parties does not involve you accepting any form of payment or compensation for the Gift Cards.

Resale of our Gift Cards is strictly prohibited without written approval. If approved, Gift Cards cannot be resold for more than their original purchase price. Any Gift Cards resold in violation of this clause may be deemed invalid, and we are not obligated to allow the recipients to use or redeem the balance on these Gift Cards.

To use our Gift Cards in any marketing, advertising, or promotional activities (including, but not limited to, websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts), you must obtain our written approval by providing us with copies of the promotional material. You agree to withdraw or amend any material if we request it. We will only make such a request if we reasonably believe the material is detrimental to the reputation or commercial interests of Viva Energy Retail or any Participating Retailers, or if it may violate any applicable laws.

You must include the Gift Card Terms and Conditions in your programs. At minimum, the approved abbreviated Key Terms of Use must be displayed. The abbreviated Key Terms of Use can be obtained from giftcards@vivaenergy.com.au .

To the extent permitted by law, we may modify these Terms and Conditions of Use from time to time, including:

• To add or remove Participating Service Stations where the Gift Card may be redeemed;
• To add or remove goods or services which may be purchased using the Gift Card;
• For infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
• To comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
• Where we, acting reasonably, consider that it will not be to your detriment to do so.

We will not modify the Terms and Conditions of Use in a way that would cause material detriment to existing Gift Card holders, unless we are required to do so by law or a regulatory authority. Any updates to the Terms and Conditions of Use will be published on the Website.

Our Privacy Policy explains how we handle the personal information that we may collect from you with respect to Gift Cards. It is important that you read and understand the Privacy Policy.

You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these Terms and Conditions of Use. Except for those statutory rights, to the maximum extent permitted by law, any conditions implied by any other laws are excluded from these Terms and Conditions of Use. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions of Use, in respect of your purchase, loading, activation, use or redemption of a Gift Card, except as set out in these Terms and Conditions of Use, or where caused by our negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card.

These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

If you have reason to believe that an error has occurred in relation to your Gift Card, or have a question or complaint about the Gift Cards, please contact 1300 554 268 or email us at giftcards@vivaenergy.com.au