eCard

Website Terms of Use
This website at https://gourmettravellergiftcard.com.au/ (the “Website”) is owned and operated by Edge Loyalty Systems Pty Ltd (ABN 96 138 299 288) (“Edge”, “”we”, “us”, “our”). This document contains the terms and conditions governing your use of the Website and any order or purchase of a product (which may include physical, plastic or digital gift cards - collectively “eCards”) offered for sale via the Website (“Terms and Conditions”).

A reference to "these Terms and Conditions" also includes our Privacy Policy and any other conditions or requirements contained within this Website.

By using the Website you accept these Terms and Conditions by accessing or using any part of the Website after you have first accessed a page providing a link to them.

You are welcome to print a copy for your records.

If you decline to accept these Terms and Conditions, you will need to exit this Website immediately.

You acknowledge and accept these Terms and Conditions (as varied from time to time) each time you or any other person accesses on your behalf, any part of this Website, regardless of the means by which the Website is accessed, and whether such access is authorised or not.

Application of these Terms & Conditions
These Terms and Conditions are in addition to any terms that apply to the use of any eCard purchased from or issued by Edge or to any related services.

Use of this Website
You are responsible for the use of this Website by anyone who uses it in connection with your eCard. You fully indemnify us in respect of all use of this Website by you, with your consent or in connection with your eCard, except to the extent that we have expressly authorised that use.

Promotions & Competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms and Conditions, those terms and conditions will prevail.

The Promoter may collect your personal information directly or through its agents or contractors, including Edge Loyalty Systems Pty Ltd (ABN 96 138 299 288, Privacy Policy: https://www.edgepri.com/en/privacy-policy/).  The Promoter will use your personal information to conduct and manage the competition. The Promoter may disclose your personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you, storing data or to hold and use for fraud prevention purposes.

Collection statement
We collect personal information about you in order to respond to your enquiries and to provide customer service functions to you and for purposes otherwise set out in our Privacy Policy at http://gourmettravellergiftcard.com.au/PrivacyPolicy. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our Privacy Policy, please contact us at DL-AU-Customer-Support@bhnetwork.com. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms and Conditions.

Copyright
The Website and its contents are subject to copyright (“Content”). The copyright is owned or controlled by Edge or, in the case of some material, third parties. You may view this Content and make a reasonable number of copies of parts of this Website solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, republication, display or communication, of any Content is strictly prohibited.

Trade Marks
This Website contains registered trademarks and other trademarks that are protected by law. Except as expressly authorised by us in writing, the use of any of these trademarks is strictly prohibited.

Interference
You will not hack into, change or otherwise interfere with the operation of this Website or any information contained within it.

Third Party Sites
This Website may contain links to third party sites. Edge and its related companies are not responsible for the condition, security levels, content or any other aspect of any third party sites. The links are provided solely for your convenience and do not indicate, expressly or by implication, an endorsement by Edge of such third party sites or the products or services provided, advertised or otherwise mentioned on those sites.

Disclaimer
To the maximum extent permitted by applicable law, we make no warranties or representations about this Website or the content on this Website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability Limited
Except to the extent required by applicable law, neither Edge nor its related companies, affiliates, directors, officers, employees, agents, service providers, other contractors, successors or assigns will be liable for any losses, damages, liabilities, claims or expenses (including legal costs and defence or settlement costs) whatsoever, whether in contract, tort (including negligence), statute or otherwise, arising out of, or in any way related to, the use of this Website or any site linked to it. This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information. Our liability for a breach of a condition or warranty which is implied by law and cannot be excluded is limited, to the maximum extent possible, to one of the following at Edge’s option: the supply of the goods or services again; or the payment of the cost of having the services supplied again or repaired.

Applicable Law
This Website is provided for use by Australian residents only. Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

This Website may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Edge makes no representations that the content of this Website complies with the laws, including intellectual property laws, of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the site or where anything you publish or upload can be accessed.

Variations to these Terms and Conditions
These are our current Terms and Conditions. We may at any time vary these Terms and Conditions by publishing the varied terms and conditions on this Website. Where a change may place an unfair burden on existing users of the site or services, we will provide a form and period of notice that we reasonably consider appropriate to that change.

eCard Terms of Use
In these Terms of Use, “us”, “we” and “our” means Edge Loyalty Systems Pty Ltd (ABN 96 138 299 288) and our related bodies corporate.

These Terms apply to all eCards issued by Edge.

These Terms contain the full set of terms of use governing your use of the eCard. We recommend that you read these Terms carefully before using the eCard. If you have any questions or would like more information about your eCard, please call 1300 664 965

Acceptance of the eCard and agreeing to these Terms of Use

By purchasing, redeeming or attempting to redeem a eCard, you:

1. accept and agree to be bound by these Terms of Use; and
2. acknowledge that you have read and understood our Privacy Policy

Definitions

1. "Card Number" means the number that appears on the back of your eCard.
2. "eCard" means the gift card or digital voucher that you have purchased or received or any other gift card or digital voucher we may issue.
3. "PIN" means the 4-digit Access PIN printed on the back of the eCard or provided by email for eCards which are digital vouchers;
4. "Remaining Card Value" means, at any time, that portion of the initial value loaded onto your eCard which is unspent and can be accessed by using the eCard in accordance with these Terms;
5. A reference to "you" or "your" is a reference to the person who is in possession of the eCard at the relevant time for the purposes of these Terms, or who authorises another person to do something with or to the eCard on their behalf.

Transactions made with eCards
Purchases and GST
eCard products can only be purchased from us by using credit card or PayPal and include GST where applicable.

How and where you can use our eCards
Your eCard may only be used at certain participating restaurants (“retailers”) who accept the eCard. Each participating retailer will accept the eCard in accordance with these Terms of Use and any applicable law and subject always to the individual trading terms of each participating retailer from time to time (for example, “no more than 2 cards allowed” or “no split bills” or "cannot be used in conjunction with any other promotional offers including Entertainment Book Vouchers).

If you make a booking to redeem your eCard with any retailer and provide eCard information but fail to attend the booking, the retailer may choose to redeem the value of the booking from the eCard according to their own trading terms. We shall not be responsible for any such redemption and you must deal directly with the applicable retailer.

We are not liable for the goods or services you purchase with our eCards. Any purchase made with a participating retailer constitutes a transaction between you as the holder of the eCard and the relevant retailer. You acknowledge and agree that we are not a party to that transaction, and is not in any way responsible or liable in relation to that transaction. Any dispute about goods or services purchased with a eCard must be resolved with the retailer. If you think there has been an incorrectly processed transaction on your eCard please contact the retailer where the transaction took place. We are unable to reverse transactions approved or processed by any retailer.

eCards can only be used whilst dining in at a participating retailer.

Your eCard PIN
You acknowledge that we may allow access to the services offered on this site to anyone who enters a valid eCard number and 4-digit PIN. Your PIN is simply our way of identifying you. It does not offer you any protection or security if your eCard is lost or stolen. Remember to treat your eCard like cash. You are solely responsible for any loss caused by use of your eCard and PIN by you or any other person, including any use not approved or contemplated by you.

You must notify us immediately by calling our Customer Service Team on 1300 664 965 if you know or suspect any unauthorised use of your eCard.

Purchases Exceeding the eCard Value
Your eCard 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 using another payment method.

Validity and Expiry of eCards

Both physical and digital gift cards have a 3-year expiry from 1st April 2018. The expiry date can be calculated 3 years from the date of issue, which can be found on the card or you can check the expiry date online by visiting check card balance. Once expired, your card is void and cannot be used. If purchased before 31 March 2018, your gift card will expire 12 months from the date of purchase If purchased on or after 31 March 2018, your gift card will expire 36 months from the date of purchase. Any expiry date for an individual eCard can be checked at any time online at https://gourmettravellergiftcard.com.au/checkcard.

eCards purchased at retail outlets must be activated prior to use as per instructions on the back of the card and pack. To activate your card go online to the Website http://gourmettravellergiftcard.com.au/Activate) and follow the prompts by entering the card details. Once activated, funds are available from 12pm the following business day though may be available sooner. Funds can be checked at any time by visiting the Website (http://gourmettravellergiftcard.com.au/checkcard).

Checking your eCard Balance
You can check your card balance and expiry date at any time online at https://gourmettravellergiftcard/checkcard

Lost or Stolen eCards
Treat your eCard like cash. Lost or stolen cards will not be replaced or refunded except in our sole discretion. There is a $10.00 per card replacement fee if we choose to replace any eCard.

Can I request a replacement my eCard?
Yes, you can request a replacement gift card by contacting Customer Service. There is a $10.00 per card replacement fee.

Your Responsibility for your eCard
You're responsible for the use and safety of your eCard. You are liable for all transactions on your eCard, except to the extent to which there has been fraud or negligence by us or by any of our employees.

eCards cannot be redeemed for cash, reloaded, returned for a refund, have their balances consolidated to a new gift card, or be replaced after expiry and are not legal tender, account cards, credit or debit cards or securities. Cash will not be given for any unused amount.

Purchase of eCards from retailers not certified by Edge
eCards are available for purchase from specific retailers – the list of certified sellers can be found http://gourmettravellergiftcard.com.au/HowItWorks#Retailers We cannot guarantee the validity of any eCard purchased from any other retailer including any auction website or discount website who is not listed as one of our certified sellers. Any eCard not purchased from a certified seller may be fake or counterfeit or associated with fraudulent activity. Edge will not be liable to you or any other person for any loss arising from any purchase of our eCards from a retailer who is not listed as a certified seller.

Promotional Codes
We offer promotional discounts and special offers from time to time (“Promotional Offers” or “Promotional Codes”). Promotional Codes can be redeemed when entered on the final step of the shopping cart for your eCard. By accepting any Promotional Offers or using any Promotional Codes you agree to and accept to comply to these Terms, including without limitation:

1. If you have received a Promotional Code, you must enter the code given into the designated ‘Promotional Code’ field in the shopping cart for the discount to be applied for the applicable eCard.
2. One Promotional Code applies per transaction.
3. We reserve the right to remove any Promotional Offer or Promotional Code without notice at any time.
4. Promotional Offers are only available on purchases made on websites owned or controlled by us.

Changes to these Terms
We reserve the right to change any of the terms contained in these Terms at any time where the change is required:

1. To add or remove participating retailers and/or where the eCard may be redeemed;
2. To add or remove goods or services which may be purchased with the eCard;
3. For infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
4. To comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
5. Where we, acting reasonably, consider that it will not be to your detriment
6. Changes to these Terms of Use will be available at http://gourmettravellergiftcard.com.au and or by contacting 1300 664 965. If we can, we may either provide a refund or a replacement gift card of equivalent value unless we reasonably suspect fraud or any other wrongdoing in relation to a eCard.

Physical eCards Remain our Property
eCards remain our property. If you have a query or complaint about your eCard, please contact us at 1300 664 965 or by email at contactus@gourmettravellergiftcard.com.au

Privacy and confidentiality
Our Privacy Notice explains how we handle the personal information that we may collect from you with respect to eCards. If you do not have a copy and are unable to access the notice online http://gourmettravellergiftcard.com.au/Terms), please call 1300 664 965 for a copy.

A copy of the Edge Loyalty Systems Pty Ltd Privacy Policy is available at (http://gourmettravellergiftcard.com.au/PrivacyPolicy), It is important that you carefully read and understand the Privacy Notice and our Privacy Policy.

Applicable Law
These Terms are to be construed and enforced in accordance with the laws of Victoria, http://gourmettravellergiftcard.com.au/Terms Australia. Any dispute arising from your receipt or use of a eCard is exclusively subject to the jurisdiction of the courts of Victoria, Australia.

Refunds and Exchange Policy
Gourmet Traveller eCard will not provide a refund or exchange for change of mind or duplicate orders. If the gift card is found to be faulty, defected, and is significantly different to the image or description provided, a full refund or exchange will be provided upon proof. Please keep your receipt as a proof of purchase.

Duplicate Orders
The Good Food eCard does not compensate for errors or duplicate orders that have been made on your part. Please ensure to double check your order prior to submitting.

BUSHFIRE RELIEF CAMPAIGN
20% of all digital gift card purchases from www.gourmettravellergiftcard.com.au made between the 11th and 12th January will be donated to bushfire relief. Donations are eligible from online purchases only. Donations will be made to Red Cross Australia and WWF's Australian Wildlife and Nature Recovery Fund. Bushfire relief campaign ends 11:59pm 12th January, 2020.