Terms of Use




You are currently viewing a page of a website or mobile application belonging to Blackhawk Network (Australia) Pty Ltd (ACN 123 251 703) or one of its related body corporates (“Blackhawk,” “we,” “us,” or “our”) (each page, a “Blackhawk Site” or “Site”). These Site Terms of Use (“Terms”) apply to your access to and use of this Blackhawk Site, including any content and functionality, and services offered on or through the Site (“Services”). “You” and “your” refer to any person who accesses or uses the Site or Service (or, if you are accessing or using this Site as a representative on behalf of a legal entity, then to you and that entity collectively). The Site is intended for people who are at least 18 years old. If you are under the age of 18, please do not access this Site.

Blackhawk reserves the right to modify these Terms, including the availability of any features or functionality of the Website, at any time without notice, if we consider it reasonably necessary to protect our legitimate commercial interests. Any change to these Terms will be effective when the updated Terms are posted on the Site. You can find the current version of the Terms at any time by clicking the “Site Terms of Use” link at the bottom of the Site. By continuing to access the Site or use the Services on or after the date new Terms are posted, you agree to be bound by the most recent version of these Terms. Blackhawk reserves the right to modify the Site or terminate your access to the Site, in whole or in part, at any time, with or without notice. It is your responsibility to review these Terms of Use periodically for changes, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. Your continued use of the Site or Services after the posting of changes to the Terms of Use evidences your agreement to the changes.

  1. Definitions.

“Access” has the meaning set forth in Section 10.c.

“Blackhawk Content” means information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending or issued patents, trade dress or other intellectual or proprietary rights owned, controlled, or licensed by Blackhawk.

“Blackhawk Marks” mean trademarks, service marks, trade names, and logos of Blackhawk.

“Blackhawk Merchants” mean merchants offering products or services through a Blackhawk Site.

“Blackhawk Products” mean products or services you may purchase, order, or obtain from a Blackhawk Site.

“Blackhawk Site” or “Site” has the meaning set forth in the preamble.

“Chat” and “Chatbot” have the meanings set forth in Section 9.c.

“Claim” means an action, allegation, cause of action, cease and desist letter, charge, citation, claim, demand, directive, lawsuit or other litigation or proceeding, or notice.

“Confidential Information” means Blackhawk’s marketing philosophies and objectives, financial and pricing information, client lists, cardholder data, card numbers, card balances, cardholder transactions, business processes, competitive advantages and disadvantages, vendors, and any other information a reasonable person would determine to be sensitive, proprietary or confidential. Confidential Information does not include information that is publicly known through no fault of yours or that has been independently developed without access to or use of Blackhawk’s Confidential Information.

“Damages” means assessments, fines, bona fide settlements, costs, damages (including consequential, indirect, special, incidental or punitive damages), expenses (including without limitation reasonable attorneys’ fees, expenses and costs), judgments, liabilities, losses, or penalties, incurred in connection with a Claim.

“Electronic Communication” means any communication by telephone, text message, wire, facsimile, computer (including, but not limited to, e-mail) or other method of telecommunication or electronic transmission.

“Feedback” means any and all suggestions, comments, and feedback that you submit to Blackhawk, whether by letter, email, telephone, or at or via a Blackhawk Site in connection with the Site or any Blackhawk Products.

Inappropriate Content” has the meaning described in Section 7.b.

Linked Site” means either or both of: (i) a website controlled or offered by a third party that allows users to access a Blackhawk Site or (ii) a website controlled or offered by a third party that may be accessed from a Blackhawk Site.

“Product‑Specific Terms” mean additional terms and conditions that apply to a specific Blackhawk Product.

“Service” has the meaning set forth in the preamble.

Submitted Data” means any data you transmit to a Blackhawk Site, whether such data consists of text, pictures, art work, audio, video, or multimedia.

  1. Product-Specific Terms

Some Blackhawk Products have Product-Specific Terms. If you purchase or use those Blackhawk Products, you agree to any such Product-Specific Terms in addition to these Terms. All Product-Specific Terms are incorporated by reference into the Terms. If there is a conflict between these Terms and any Product‑Specific Terms, the Product‑Specific Terms will prevail.

  1. Blackhawk Products

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.

Some Blackhawk Sites may allow you to select and purchase or order Blackhawk Products. Some Blackhawk Products can be customised with text, pictures, and/or graphics. When you have completed your order (including any required payment), Blackhawk will produce the Blackhawk Products you select and send them to the recipients you direct. The price for each Blackhawk Product will be stated in AUS Dollars and is incorporated into these Terms by reference. Please note that prices and fees may change from time to time. The price you will pay is the price indicated on the Site when you place your order. Please place and complete orders carefully. To the extent permitted by law, purchases of Blackhawk Products are non-returnable and non-refundable. If you have any questions or problems with your order or if you have not received your order within the expected time frame, please contact us immediately at: 1300 883 667. Please include your order number in all communications for prompt service.

  1. Mobile Applications
    1. Blackhawk may make a mobile application available to access the Site via a mobile device. To use the mobile application, you must have a mobile device compatible with the mobile service. Blackhawk does not warrant that the mobile application will be compatible with your mobile device. Blackhawk grants you a non‑exclusive, non-transferable, revocable license to use an object code copy of the mobile application for one registered account on one mobile device owned or leased solely by you, for your personal use. You agree not to: (i) modify, disassemble, decompile or reverse engineer the mobile application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the mobile application to any third-party or use the mobile application to provide time sharing or similar services for any third-party; (iii) make any copies of the mobile application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the mobile application, features that prevent or restrict use or copying of any content accessible through the mobile application, or features that enforce limitations on use of the mobile application; or (v) delete the copyright and other proprietary rights notices on the mobile application. You acknowledge that Blackhawk may from time to time issue upgraded versions of the mobile application and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Our grant of a license under this Section 4.a is not a sale of the mobile application or any copy thereof. We and our third-party licensors or suppliers retain all right, title, and interest in and to the mobile application (and any copy of the mobile application). Standard carrier data charges may apply to your use of the mobile application.
    2. The following additional terms and conditions apply with respect to any mobile application that Blackhawk provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
      1. You acknowledge that these Terms are between you and Blackhawk only, and not with Apple, Inc. (“Apple”).
      2. Your use of Blackhawk’s iOS App must comply with Apple’s then-current App Store Terms of Service.
      3. Blackhawk, and not Apple, is solely responsible for our iOS App and the Blackhawk Product and Blackhawk Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
      4. You agree that Blackhawk, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
      5. You agree that Blackhawk, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
      6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      7. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
      8. The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Blackhawk’s iOS App.  Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
    3. The following additional terms and conditions apply with respect to any mobile application that Blackhawk provides to you designed for use on an Android-powered mobile device (an “Android App”):
      1. You acknowledge that these Terms are between you and Blackhawk only, and not with Google, Inc. (“Google”).
      2. Your use of Blackhawk’s Android App must comply with Google’s then-current Android Market Terms of Service.
      3. Google is only a provider of the Android Market where you obtained the Android App.  Blackhawk, and not Google, is solely responsible for Blackhawk’s Android App and the Blackhawk Product and Blackhawk Content available thereon.  Google has no obligation or liability to you with respect to Blackhawk’s Android App or these Terms.
      4. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Blackhawk’s Android App.
    4. The following additional terms and conditions apply with respect to any mobile application that Blackhawk provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
      1. You acknowledge that these Terms are between you and Blackhawk only, and not with Amazon.com, Inc. (“Amazon”).
      2. Information that Blackhawk collects from you or your device are subject to these Terms and the applicable privacy-related policies and notices of Blackhawk, and will not be subject to the Amazon.com Privacy Notice.
      3. Amazon has no obligation or liability to you with respect to Blackhawk’s Amazon Android App and the Blackhawk Product and Blackhawk Content available thereon or these Terms.  Blackhawk, and not Amazon, are solely responsible for Blackhawk’s Amazon Android App and the Blackhawk Products and Blackhawk Content available thereon.  For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”).  The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.
  2. Use of Site
  1. Proprietary Rights. Blackhawk Sites contain Blackhawk Content. You acknowledge and agree that the rights to Blackhawk Content belong to their respective owners and are protected in all forms, media and technologies existing now or later developed. You agree not to use, reproduce, or display: (i) any Blackhawk Marks without Blackhawk’s written permission and (ii) any Blackhawk Content in any manner without the owner’s written permission.
  2. No Framing. You agree not to “frame” or “mirror” any Blackhawk Content contained on or accessible from a Blackhawk Site on any other server or Internet-based device without the advance written authorization of Blackhawk or its licensors or licensees, respectively.
  3. Use of Sites and Content. Blackhawk grants you permission to (i) access and view each of its Sites and (ii) submit orders for Blackhawk Products. Any other use of a Blackhawk Site or Blackhawk Content, in whole or in part, without permission of the applicable rights holder, is strictly prohibited, including without limitation: copying, displaying, distributing, uploading, posting, transmitting, republishing, publicly performing, proxy catching, linking to, licensing, altering, modifying, deleting, creating derivative works of, reverse engineering, or other similar unauthorised exploitation of a Site or its Blackhawk Content. Your use of a Blackhawk Site is subject to applicable local, state, federal and international law. Your use of a Blackhawk Site or any Blackhawk Content in violation of these Terms could subject you to criminal prosecution and/or personal liability for damages.
  4. You agree not to use a Site or any Blackhawk Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (i) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (v) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (vii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
  1. Linked Sites

You agree that we have no control over the content on Linked Sites. Any advice, opinions, services, products, or recommendations provided by the Linked Site providers are those of the providers and not of Blackhawk. Your participation in any Linked Site, including payment for and delivery of goods or services, is based solely on the agreement and privacy policy (if any) between you and the provider of the Linked Site. If you choose to use the services available at a Linked Site, you agree to read and follow the policies and terms of use applicable to that Linked Site. Any reference on a Site to any product, service, or content of any third-party does not constitute or imply Blackhawk’s endorsement or recommendation.

To the extent permitted by law, you agree that we are not, under any circumstance, liable directly or indirectly, for the products, information, content and/or services offered on linked sites. Except as required by law, we are not responsible for and do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of products or services from Linked Sites. You release us from any damages or loss that you may incur, and agree not to assert any claims against us, arising out of your use of or reliance on products, content or services from Linked Sites except to the extent that our negligence causes or contributes to any loss or damage.


  1. Submitted Data
    1. Copyright Policy, Representation. You are wholly responsible for any Submitted Data. You acknowledge and agree that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that: (i) no Submitted Data violates any copyright, trademark or other intellectual property or proprietary right and (ii) all Submitted Data complies with these Terms. Before transmitting Submitted Data to a Site, you should ensure that either: (i) such Submitted Data is in the public domain and therefore not subject to copyright protection or (ii) you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to a Site and/or by submitting Submitted Data for integration into any Blackhawk Product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us either that: (X) the Submitted Data are in the public domain; (Y) you have all right, title and interest in and to all copyrights and trademarks in the Submitted Data; or (Z) you have the express permission from the rights holder to copy and use, and to grant the rights granted herein with respect to, such Submitted Data for all purposes related to the products you order through the Site. You further represent that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
    2. Submitted Data Content Policy and Acknowledgement; Compliance with Law. You may not upload to a Site any material, whether text, images, or otherwise, that: (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof; (c) violates the applicable rules or guidelines of a third party (e.g., a card association); or (d) includes phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, “Inappropriate Content”).

The content of the Submitted Data you submit is governed by applicable laws (including laws prohibiting infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse) and card association rules. We have no obligation to monitor the Submitted Data. However, we (and our licensees, suppliers, fulfillers, Linked Sites, and Blackhawk Merchants) reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to: (i) satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities; (ii) refuse to post or transmit the Submitted Data; (iii) remove the Submitted Data; and (iv) refuse to perform any orders for processing or fulfillment for Submitted Data that are, in our sole judgment and discretion (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. If you submit Submitted Data to a Site for inclusion on a Blackhawk Product and a Blackhawk Merchant issuing or redeeming the Blackhawk Product believes it includes Inappropriate Content, the Blackhawk Merchant may reserve the right to refuse to honor the Blackhawk Product.

    1. Blackhawk’s Right to Reject Submitted Data. Blackhawk reserves the right to determine, at its sole discretion, whether Submitted Data will be accepted for incorporation into Blackhawk Products.
    2. License. Subject to applicable law and the provisions of Section 11.a below (“Privacy and Data Collection”), you grant Blackhawk a license to use Submitted Data you post or transmit to a Blackhawk Site in connection with Blackhawk’s operation of its business. This license includes, without limitation, a right to copy, distribute, transmit, reproduce, edit, translate, and reformat Submitted Data. You will not be compensated for any Submitted Data.
  1. Intellectual Property Infringement
    1. Blackhawk respects the intellectual property rights of others, and we ask you to do the same. In appropriate circumstances and at our discretion, Blackhawk may terminate service and/or access to a Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Site, please provide Blackhawk’s designated agent the following information:
      1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Blackhawk to locate the material.
      4. Information reasonably sufficient to permit Blackhawk to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright and/or trademark owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Blackhawk’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:

Attn: James Mcdonald, DMCA Agent

Email: legal@bhnetwork.com

    1. Submitting a DMCA Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Blackhawk designated agent that includes all of the following information:
      1. Your physical or electronic signature;
      2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
      4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Blackhawk may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
    2. Termination of Repeat Infringers. Blackhawk reserves the right, in its sole discretion, to terminate the account or access of any user of a Site and/or Blackhawk Product who is the subject of repeated DMCA or other infringement notifications.
  1. Accounts; Registration Information; Feedback; Chat
  1. Accounts. Some Blackhawk Sites may allow or require you to register for an account. Accounts help us tailor our services for your personal and business financial needs and to alert you of other products and services for you or your business. In registering at a Site, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, we may create a profile for you or your business based on the registration information that you provide.

You agree that Blackhawk or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorised uses of a Site or Services without notice to you.

  1. Feedback. You agree that all Feedback is, and will be treated as, non-confidential and non-proprietary, except as otherwise specifically agreed or required by law. Except as prohibited by applicable law, you assign all right, title, and interest in, and Blackhawk is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, for any purposes whatsoever and without any restriction of any kind. Where this assignment is prohibited by law, you grant Blackhawk an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, and the like. You understand and agree that Blackhawk is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
  2. Chat. Blackhawk may make an interactive online chat (“Chat”) service available to you, including, but not limited to, when providing customer service. Blackhawk makes no warranty that the Chat service will be available at any particular time or be free of fault or error. If you are under 18 years of age and are invited to use the Chat service, you must not use the Chat service and you must leave the Site. During your use of the Chat service, you may interact with a bot, chatbot, virtual assistant, virtual concierge, or other non‑human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law. When engaging with us through use of the Chat service, be advised that chats may be monitored and retained. The Chat service is provided as a convenience. Participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents. Any personal information shared with us when using the Chat service shall be subject to the applicable privacy-related policies and notices described below. You agree that you will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message; doing so may result in termination of the Chat service session.
  1. Limitation and Disclaimer of Warranties; Limitation of Liability
  1. Our Obligations in Case of Damage or Loss. To the extent permitted by law, you agree that in the event of any damage to or loss of a Blackhawk Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Linked Sites, and Blackhawk Merchants), , our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Linked Sites and Blackhawk Merchants), and your sole remedy, is at our option, to either: (i) replace the lost or damaged Blackhawk Product(s) or (ii) provide you with a refund or credit for the cost of the purchase price for the lost or damaged Blackhawk Product(s).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Linked Sites or BLACKHAWK Merchants) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, EXTRAORDINARY, PUNITIVE, special or consequential damages (including but not limited to damages for loss of profits, REVENUE, use, data or other intangibles OR ECONOMIC ADVANTAGE), HOWEVER ARISING,except to the extent that any damages were caused or contributed to by our negligence or willful misconduct. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, Blackhawk Product, or Submitted Data, the inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorised access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.

In addition, if you violate these Terms and intentionally publicise such violation, you acknowledge that Blackhawk and its affiliated companies may suffer substantial damage to their reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree not to use the services offered through the Site, including ordering any Blackhawk Products, in any manner that would cause damage to the public reputation of Blackhawk, its affiliated companies, and their employees, shareholders, board members, Blackhawk Merchants, or third parties for which Blackhawk provides services. If you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Blackhawk or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Linked Sites or Blackhawk Merchants, then, to the maximum extent permitted by applicable law, Blackhawk reserves the right to demand the immediate return of the Blackhawk Product(s) ordered from a Site, to invalidate, without refund, the value of any such Blackhawk Products, and to pursue any and all further remedies available to Blackhawk and its affiliated companies under the law.

  1. Termination of Access. We may, in our sole discretion, terminate or suspend your entry to and/or use of, any or all Blackhawk Sites, Services, Blackhawk Products, and/or any accounts you may have (collectively, your “Access”), at any time, with or without notice and for any reason (or no reason). You agree that if we terminate your Access, you will not: attempt, directly or indirectly, to enter, use and/or access the Site, Services, Blackhawk Products or your account until such suspension is lifted. We also reserve the right to cancel accounts that have been inactive for six months. For the avoidance of doubt, we may cancel your User ID or password without notice, and if we request that you cease to use your User ID, you must do so immediately. If we terminate your Access, we will have no obligation to return your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. You acknowledge and agree that your sole recourse and remedy if Blackhawk terminates your Access is to receive a refund for any products paid for but not processed or fulfilled by Blackhawk, if any.
  1. Privacy and Security
  1. Privacy and Data Collection. Your use of a Blackhawk Site is subject to the applicable law and the applicable privacy-related policies and notices of Blackhawk set forth on the Site, potentially including but not limited to the Blackhawk Network Privacy Policy and Blackhawk Network Cookie Policy.
  2. Security. You agree not to violate or attempt to violate the security of any Blackhawk Site, including without limitation: (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorised to access; (c) attempting to probe, scan, or test the vulnerability of any system or network related in any way to a Site without proper authorization; (d) attempting to breach security or authentication measures without proper authorization; (e) interfering or attempting to interfere with service to any user, host, or network, including without limitation, by sending unsolicited e-mail, flooding, spamming, mail bombing, overloading, or crashing; (f) sending promotions and/or advertising products and/or services; (g) introducing any virus, worm, Trojan horse, or other material that may harm or disrupt Blackhawk’s systems or services; or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Blackhawk in providing the Blackhawk Site, Services, or Blackhawk Products.
  3. Account Information. If you have an account on a Site, you understand that your account information on the Sites is controlled by you, through the User ID and password you selected. You are responsible for protecting the confidentiality of your User ID and password and for restricting access to your computer. Blackhawk is entitled to rely on the fact that any Submitted Data, orders for Blackhawk Products, or other information sent to any Site under your User ID and password for that Site were sent by you. You agree to accept responsibility for all activities that occur under your User ID and password. If your User ID or password is lost, stolen, or becomes known to an unauthorised person, or if you believe that someone has accessed your account without authorisation, you agree to notify Blackhawk immediately by calling 1300 883 667.
  1. Governing Law; Jurisdiction and Venue
  1. Applicable Law. Since Blackhawk Sites can be accessed from anywhere in Australia, as well as from other countries around the world, and each of these places has laws that may differ from those of Australia, by accessing a Site both you and Blackhawk agree that the statutes and laws of the State of New South Wales, Australia without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its Blackhawk Content. Blackhawk makes no representation that the Sites or Blackhawk Content are appropriate or will be available for use in other locations. If you use a Site from outside Australia, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site and Blackhawk Content and any third-party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in Australia.
  2. Jurisdiction and Venue. You and Blackhawk further agree to submit to the exclusive personal jurisdiction of Courts of the State of New South Wales, Australia with respect to any matters relating to the services, the use of a Site and its Blackhawk Content, or any transactions arising therefrom. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  1. Costs

All costs and taxes on a Site are quoted in AUS dollars. You must pay all applicable taxes on purchases made on a Site and on any associated charges. We may, in our sole discretion, add, delete, or change some or all of the prices of our products and services at any time without notice, other than as set forth on the relevant Site.

  1. Cancellation Policy

Except to the extent a Site states otherwise, if you purchase a Blackhawk Product from a Site, there are no refunds, and all sales are final.

  1. Warranties. You warrant to us that: (i) you own or have the requisite authority over any Submitted Data; (ii) any Submitted Data will be accurate and complete; (iii) any Submitted Data and any of your activities on a Blackhawk Site, through the Services, or in connection with Blackhawk Products: (a) do not infringe in any manner on any third party rights, (b) do not violate any applicable laws or regulations, (c) are not defamatory, libelous, slanderous or threatening, (d) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, (e) have not resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, (f) are not false, deceptive or misleading, and (g) will be free of any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.
  2. Indemnification

You agree to defend, indemnify, and hold harmless Blackhawk and its related body corporates (and the officers, directors, agents, employees, and representatives of Blackhawk and its related body corporates), our licensees, suppliers and fulfillers, owners and operators of Linked Sites and Blackhawk Merchants from and against any and all Claims and Damages arising out of or related to: (i) your use of a Blackhawk Site, the materials it contains, and/or any Linked Sites; (ii) your breach of these Terms; (iii) your violation of applicable law; (iv) your infringement of any intellectual property right or other right of any person or entity; (v) actions taken by any person using your login information (User ID and password); (vi) your use of any Inappropriate Content; or (vii) any acts prohibited under Section 7 with respect to your Submitted Data, except that the indemnity will not apply to the extent that any such Damages are caused or contributed to by Blackhawk.

  1. Communicating With Us. You will be deemed to have authorised any Electronic Communication received from you or in your name, and you authorise us to rely and act upon any such communication. For our mutual protection, we may record telephone calls that relate to the use of or include instructions for using Blackhawk Products or the Site. To the maximum extent permitted by applicable law, you agree that our records regarding any Electronic Communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. To the maximum extent permitted by applicable law, our records will be conclusive proof of the information contained in such Electronic Communications. You consent to receive communications from us electronically, including via email or text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless otherwise provided by law.
  2. Confidentiality. You agree that you will not disclose or use any Confidential Information of Blackhawk. You acknowledge that any breaches of this provision may result in irreparable harm to Blackhawk for which no adequate remedy at law may be available and that as such Blackhawk will be entitled to equitable relief.
  3. General
  1. Survival. The proprietary rights, confidentiality, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability, governing law, jurisdiction, venue, and general provisions shall survive any termination of these Terms.
  2. Assignment. We may assign our rights and responsibilities hereunder without notice to you.
  3. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect and any invalid provision will be replaced with a valid provision that most closely approximates the intent of the invalid provision. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.
  4. Amendment. We reserve the right to amend or modify these Terms or impose new conditions at any time provided that the changes do not materially reduce or limit your rights under these Terms. We will only change these Terms in a way that materially reduces or limits your rights under these Terms if the change is required by law, where such changes are imposed on us by third party suppliers or where the change is required to protect our legitimate commercial interests. You will not receive advance personal notice of such changes. If we make changes to these Terms in a way that materially reduces or limits your rights under these Terms, we will endeavour to give you 60 days’ notice by publishing the revised Terms on the applicable Site. Any change will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site.
  5. No Wavier. The failure of Blackhawk to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blackhawk in writing.

Contact Us

For complaints, customer service and general enquiries please contact:

Mailing Address:

Blackhawk Network

Level 17, Suite 02

101 Miller Street

North Sydney NSW 2060


Email: Au.customerservice@bhnetwork.com

Phone: 1300 883 667

Updates to Terms of Use

This Agreement was last updated in August 2023.