Terms of Use for the Lyoness Store Shopping Vouchers, Loyalty Vouchers, and Gift Vouchers
These Terms of Use are valid for all purchased Lyoness Store Shopping Vouchers, Gift Vouchers and Loyalty Vouchers.
1. A Lyoness Shopping Voucher, Lyoness Gift Voucher, or Lyoness Loyalty Voucher as the case may be (collectively a “Voucher”) is available and is valid in electronic form only. It is electronically generated from the placing of a voucher order with the Lyoness Store at
www.lyoness.com.au in the login area of a Lyoness member account.
2. Only a Lyoness member may order a Voucher.
3. The placing of a Lyoness Shopping Voucher order by a Lyoness member ("Lyoness Member" or "you" or "your") requires sufficient funds in the Unallocated Payments Account which will be automatically transferred to the Shopping Vouchers Account of the same Lyoness Member upon placing of the order to enable the purchase of the Lyoness Shopping Voucher.
4. The placing of a Lyoness Loyalty Voucher order by a Lyoness Member requires sufficient Loyalty Credits to be available in the Loyalty Vouchers Account of that Lyoness Member to enable the purchase of the Lyoness Loyalty Voucher (see Clause 7.4 of the Additional Terms and Conditions for Lyoness Members to Take Advantage of the Extended Member Benefits (“ATCs”)). You can view the ATCs at
http://www.lyoness.com.au. A Lyoness member can earn Loyalty Credits by participation in the Lyoness Loyalty Program. A Lyoness member may not transfer funds from his Unallocated Payments Account or any other accounts to his Loyalty Vouchers Account.
5. The placing of a Lyoness Gift Voucher order by a Lyoness Member requires either: a. sufficient funds in the Unallocated Payments Account of that Lyoness Member; or b. sufficient funds in the Shopping Vouchers Account of that Lyoness Member; or c. sufficient Loyalty Credits to be available in the Loyalty Vouchers Account of that Lyoness Member.
6. When a Lyoness Member places an order for a Lyoness Gift Voucher a Lyoness Gift Voucher is created with a unique gift voucher code for that Lyoness Gift Voucher.
7. A Lyoness Member may only place an order for a Lyoness Shopping Voucher or a Lyoness Loyalty Voucher in the name of that Lyoness Member.
8. By placing an order for a Voucher, you agree to these terms and conditions ("Terms and Conditions").
9. By accepting, or using or redeeming, or attempting to use or redeem, a Gift Voucher, the Gift Recipient Member of that Gift Voucher agrees to these Terms and Conditions.
10. A Voucher is issued by Lyoness Asia Limited (“Lyoness Asia”), a limited company incorporated in Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) under the Companies Ordinance (Cap. 32 of the Laws of Hong Kong).
11. The amount of a Voucher is dependent upon the amount requested by the Lyoness Member provided always that the amount of a Voucher must not exceed AUD$4,750.
12. A Lyoness Shopping Voucher may only be used to purchase products available on the Lyoness Store or to purchase a mobile voucher using the Lyoness application on a 'smart phone'. It may not be used for any other purchases.
13. A Lyoness Gift Voucher is redeemed, and may only be redeemed and used, by a Lyoness Member (who can be the Lyoness Member who ordered the Lyoness Gift Voucher or another Lyoness Member) ("Gift Recipient Member") upon the Gift Recipient Member entering the gift voucher code appearing on the Lyoness Gift Voucher in the login area of his Lyoness member account or using the Lyoness application on his ‘smart phone’, PROVIDED that the account of the Gift Recipient Member uses the same currency as that of the Lyoness member who ordered and generated the Lyoness Gift Voucher. Upon redemption, a Lyoness Gift Voucher will:
a. when the Lyoness Gift Voucher is generated from the Unallocated Payments Account or Shopping Vouchers Account of the relevant Lyoness Member, become a Lyoness Shopping Voucher, which then may only be used by the Gift Recipient Member to purchase products available on the Lyoness Store (including making down payments for original vouchers or gift cards issued by any Lyoness Loyalty Merchants) or to purchase a mobile voucher using the Lyoness application on a ‘smart phone’. It may not be used for any other purchases;
b. when the Lyoness Gift Voucher is generated from the Loyalty Vouchers Account of the relevant Lyoness Member, become a Lyoness Loyalty Voucher, which then may only be used by the Gift Recipient Member to purchase products available on the Lyoness Store or to purchase a mobile voucher using the Lyoness application on a ‘smart phone’ EXCEPT that it may NOT be used to make any down payments for original vouchers or gift cards issued by any Lyoness Loyalty Merchants (which may be available for sale on the Lyoness Store). It may not be used for any other purchases. For a description or definition of “down payments”, see Clause 5 of the ATCs.
14. A Lyoness Loyalty Voucher may only be used to purchase products available on the Lyoness Store or to purchase a mobile voucher using the Lyoness application on a 'smart phone' EXCEPT that it may NOT be used to make any down payments for original vouchers or gift cards issued by any Lyoness Loyalty Merchants (which may be available for sale on the Lyoness Store). It may not be used for any other purchases.
15. A Lyoness Shopping Voucher or Lyoness Loyalty Voucher may only be redeemed and used by the Lyoness Member who places the order for and generates that Voucher. A Lyoness Gift Voucher may only be redeemed and used by a Gift Recipient Member. A Lyoness Gift Voucher, once redeemed, and any other Voucher is not transferable, cancellable, redeemable for cash, or able to be topped up.
16. In the case that the cost of the purchase from the Lyoness Store or of a mobile voucher exceeds the amount of a Voucher or the available balance in the Lyoness Member’s Shopping Vouchers Account, the Lyoness Member will be required to make up the difference before release of the purchased goods.
17. To view your current Shopping Vouchers Account and Loyalty Vouchers Account, please go to "Purchase Account/Calculated Purchases" at
http://www.lyoness.com.au.
18. A Voucher must be redeemed on or before the expiry date as shown on that Voucher.
19. A Voucher must not be purchased or used for any illegal or fraudulent purposes. Lyoness Asia reserves the right to cancel and forfeit a Voucher when there is reasonable belief by Lyoness Asia that a Voucher is purchased or used for such illegal or fraudulent purposes and in that event there is no claim against Lyoness Asia. In the event of a fraud, attempted fraud or other illegal act being reasonably suspected by Lyoness Asia relating to the purchase or use of a Voucher, Lyoness Asia is entitled to cancel and forfeit that Voucher and in that event there is no claim against Lyoness Asia.
20. Lyoness Asia reserves the right to change these Terms and Conditions at any time.
21. The collection of personal data (if any) of a Lyoness Member or Gift Recipient Member (as the case may be) is governed by the Privacy Policy available on
http://www.lyoness.com.au in compliance with the relevant privacy/personal data legislations in Australia. The attention of the Lyoness Member or Gift Recipient Member (as the case may be) is specifically drawn to Clauses 9 and 10 of the General Business Terms and Conditions for Lyoness members (“GTCs”) which is applicable in all circumstances whilst the Lyoness Member or Gift Recipient Member (as the case may be) remains a Lyoness member. You can view the GTCs at
http://www.lyoness.com.au.
22. To the fullest extent permitted by law, Lyoness Asia shall not be liable for any loss or damage, whether direct or indirect, for the failure of the Lyoness Member or Gift Recipient Member (as the case may be) to redeem the desired Vouchers or products from the Lyoness Store or mobile vouchers with a Voucher or failure to generate a Voucher as a result of a computer, system, internet, network failure or suspension.
23. To the fullest extent permitted by law, Lyoness Asia and any of its affiliates is only liable for direct loss or damage suffered as a result of gross negligence or wilful damage by Lyoness Asia.
24. Insofar as the liability for Lyoness Asia is limited or excluded, the limitations or exclusions are also applicable to the personal liability of the employees, the statutory representatives and agents of Lyoness Asia.
25. To the fullest extent permitted by law, all express and implied terms, conditions, guarantees or warranties which might otherwise apply to, or arise out of these Terms and Conditions, are excluded other than as provided in these Terms and Conditions. Nothing in these Terms and Conditions is however intended to exclude, modify or restrict the operation of statutory consumer protection warranties or consumer guarantees or any other condition or warranty which may be implied by legislation and cannot be excluded.
26. Lyoness Asia assumes no liability for any typing errors in the email address of the Lyoness Member or Gift Recipient Member (as the case may be). Lyoness Asia also assumes no liability for loss, theft, misuse or delayed forwarding (for example due to technical difficulties) of a Voucher.
27. Nothing herein shall affect the rights and obligations of Lyoness Asia and the Lyoness Member or Gift Recipient Member (as the case may be) as governed under the GTCs and, if applicable, the ATCs. Both the GTCs and, if applicable, ATCs shall apply in relation to any transaction arising from a redemption of a Voucher.
28. These Terms and Conditions are subject to the laws of New South Wales. Each of Lyoness Asia and the Lyoness Member or Gift Recipient Member (as the case may be) submit themselves irrevocably to the jurisdiction of the Courts of New South Wales.
29. A Voucher at all times remains the property of Lyoness Asia.