In the Terms and Conditions:
“Activate” means the initial loading of value onto a Café del Mar Sydney Gift Card.
“Card Balance” means the unspent value of a Gift Card.
“Card Number” means the 22-digit number that appears on the back of a Gift Card.
“Expiry Date” means the date, being stated on the reverse of the Gift Card, after which, any remaining funds on a Gift Card will not be available for redemption. Gift Cards have a 36 month expiry date after the date of purchase.
“Gift Card” is the Café del Mar Sydney Gift Card which is the subject of these Terms and Conditions.
“Café del Mar Sydney” means Café del Mar Sydney and Company and all Related Bodies Corporate of the Company from time to time, jointly or severally and Group Member means any member of the Group.
Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth) and includes the successors, transferees and assigns of each Related Bodies Corporate.
“Café del Mar Sydney” Café del Mar Sydney venue owned and operated by Café del Mar Sydney, full details of which can be found at the Café del Mar Sydney website https://cafedelmar.com.au/
“PIN” means the 4 digit access number printed on the reverse of a Gift Card.
“Redeem” means to reduce the value loaded on your Gift Card by using the Gift Card to purchase goods or services at Café del Mar Sydney.
“Website” means https://cafedelmar.com.au/
A reference to “we“, “us“, or “our” is a reference to Café del Mar Sydney. A reference to “you” or “your” is a reference to the person who is taken to agree to these terms and conditions.
1. AGREEING TO THE TERMS AND CONDITIONS
1.1. These Terms and Conditions apply to all Café del Mar Sydney Gift Cards (“Gift Card”) and may be updated at Café del Mar Sydney’s discretion from time to time.
1.2. Gift Cards become subject to the Terms and Conditions upon purchase.
1.3. Gift Cards are only able to be redeemed at a Café del Mar Sydney venue.
1.4. It is the purchaser’s responsibility as the purchaser to ensure that the recipient of the Gift Card is aware of the Terms and Conditions that apply to the Gift Card.
1.5. You agree to be bound by these Terms and Conditions by purchasing, activating, using, or attempting to use a Gift Card or by making a transaction enquiry or exercising any right to redeem value loaded on a Café del Mar Sydney Gift Card.
1.6. By purchasing, activating, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to redeem value loaded on a Gift Card, you warrant that you will comply with these terms and conditions and all applicable laws and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
1.7. Your use of the Gift Card at the Café del Mar Sydney venue is subject at all times to the policies (and, where applicable, other terms and conditions) of Café del Mar Sydney regarding the goods and services made available by it.
2. PURCHASING A CAFÉ DEL MAR SYDNEY GIFT CARD
2.1. Gift Cards can be purchased online at www.cafedelmar.com.au/giftcards.
2.2. You may purchase a Gift Card by following the instructions on the Café del Mar Sydney website www.cafedelmar.com.au/giftcards. Your Gift Card order (“Order”) will be submitted once you have completed the payment details including your acceptance by activating the “Complete Purchase” button. Orders will be deemed to have been received by Café del Mar Sydney at the time Café del Mar Sydney sends an order confirmation to your nominated e-mail address.
2.3. A minimum value of $20 and a maximum of $5,000 can be loaded on each Gift Card. For purchases exceeding AUS $5,000 in value, email enquiries@cafedelmar.com.au
2.4. Café del Mar Sydney reserves the right to not accept orders, including those that request commercial quantities of Gift Cards. If Café del Mar Sydney is unable to supply your total order we will endeavour to contact you to discuss whether you wish to proceed with the part of the order.
2.5. Payment for online orders can only be made by American Express, Diners Club, Visa or MasterCard. You may provide your nominated debit or credit card details during the purchase process described on the Café del Mar Sydney website.
2.6. Once you click on “Complete Purchase”, Café del Mar Sydney will process payment for your order via a payment gateway, including any delivery charges, credit card surcharge and service fees as detailed on the final screen where you indicate your acceptance of this order (“Total Amount”). By completing the final screen you authorise Café del Mar Sydney to debit the total amount from your nominated charge card or credit card.
2.7. If your nominated payment card is declined by your financial institution, Café del Mar Sydney will not be required to fulfil the order and may at its discretion contact you to make alternative payment and delivery arrangements.
2.8. Café del Mar Sydney may at any time decide not to accept payment from you by charge card or credit card for any reason. If we decline to accept payment, we will not process the order and may not contact you to inform you that your order will not be processed.
2.9. Café del Mar Sydney reserves the right to cancel any Order at any time, without notice, for any reason.
2.10. Customers who wish to cancel a Purchase must, within 24 hours of purchase, email us at enquiries@cafedelmar.com.au, quoting the Gift Card number. Orders that have already been processed cannot be cancelled. Café del Mar Sydney will endeavour to process cancellation request where possible, but will not be liable for any failure to do so.
2.11. In event of a cancelled purchase, any payments processed by Café del Mar Sydney will be refunded within 2 weeks. You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or purchases may not be processed or may not be accepted for reasons beyond our control. In these circumstances Café del Mar Sydney accepts no responsibility. Café del Mar Sydney does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk and Café del Mar Sydney is not responsible while such information is in transit. For your assistance, the Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au
3.REDEEMING A CAFÉ DEL MAR SYDNEY GIFT CARD
3.1. Café del Mar Sydney Gift Cards can be used by cash at Café del Mar Sydney venue.
3.2. When redeeming a Gift Card within a Café del Mar Sydney licensed venue, Gift Card holders must be over the age of 18 years. Proof of age must be provided, if requested, with an officially recognised photographic identification document. If proof of age cannot be verified, Café del Mar Sydney reserves the right to refuse redemption of the Gift Card until appropriate proof of age can be provided showing the Gift Card holder is over the age of 18 years.
3.3. Gift Cards can be redeemed by entering the Gift Card number and pin number when prompted at the point of payment (online or at Café del Mar Sydney venue). Your gift card number can be found on the reverse side of your Gift Card, or on your digital gift card e-certificate.
3.4. Where the total of the transaction within the Café del Mar Sydney venue exceeds the remaining Gift Card balance, you must pay the amount exceeding the Gift Card balance by an alternative payment method, acceptance of which is at the discretion of Café del Mar Sydney.
3.5. Café del Mar Sydney Gift Cards are valid for 36 months from the date of purchase. Our record of your expiry date is final. Once your Gift Card has expired it cannot be re-activated and any unspent value will be forfeited.
3.6. Any balance amount that remains on the Gift Card after expiry will not be available for use, except as required by law.
3.7. Gift Cards are not redeemable for cash in any way, including balance amounts.
3.8. Balance enquiries can be made at any time by viewing the Gift Cards page on www.cafedelmar.com.au/giftcards or at Cafe del Mar Sydney venue at the Point Of Sale. The Gift Card number and pin number will be required.
3.9. When redeeming a Gift Card, tips or gratuities may be included within the amount charged to the Gift Card, at the user’s discretion.
3.10. Gift Card holders are not required to use the entire available balance in one transaction. However, no change or refund will be given, and the remaining available balance may be applied to future purchases until the Café del Mar Sydney Gift Card expires or the balance reaches $0.
3.11. Gift Cards cannot be used to purchase additional Gift Cards.
3.12. Gift Cards cannot be topped up with additional credit.
3.13. Gift Cards cannot be used for prepaid bookings for events or launch tokens, or for Moshtix, Ticketbooth or any other third-party transactions regardless of whether or not such bookings and events etc are conducted within the Café del Mar venue.
4. LOST OR STOLEN GIFT CARDS
4.1. You as the purchaser or the Gift Card recipient are liable for all transactions on your Café del Mar Sydney Gift Card, except to the extent to which there has been a proven fraud or negligence by Café del Mar Sydney or an employee of Café del Mar Sydney.
4.2. In the event of reasonably suspected or proven fraudulent and/or improper use of the Gift Card, Café del Mar Sydney reserves the right to suspend (pending investigation) or cancel any Gift Card without notice.
4.3. Café del Mar Sydney is not liable for any Café del Mar Sydney Gift Cards that are on sold through any online auction sites.
5. RELATIONSHIP WITH CAFÉ DEL MAR SYDNEY
5.1. Gift Cards maybe used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain prior written approval from Café del Mar Sydney.
5.2. Use of the Café del Mar Sydney name or associated brands, or any names or logos of any Café del Mar venue or entity (other than in connection with the purchases or use of Gift Cards), is strictly prohibited without prior consent of Café del Mar Sydney.
5.3. For any approval requests for marketing, advertisements, or other promotional activities, please contact Café del Mar via email at marketing@cafedelmar.com.au 9:00am to 5:00pm, Monday to Friday AEST.
6. PRIVACY COLLECTION NOTICE
6.1. This Notice explains how Café del Mar Sydney and its affiliates manage your personal information and complaints. More information can be found on Our Privacy Policy at https://cafedelmar.com.au/privacy/.
6.2. Upon purchasing a Gift Card, we collect purchasers’ personal information directly from purchasers wherever practicable. We may collect personal information from our related companies or other third parties.
6.3. We will use your personal information primarily to provide Gift Cards, confirm and maintain Gift Cards, and provide information about the products and services you have requested offered by us. We will also use this information for research to improve our products and services. If you do not provide us with that information, we may be unable to process your Gift Card purchase.
6.4. We may disclose your personal information, including updates, to agents or contractors acting on our behalf and regulatory authorities where required by law.
6.5. Our Privacy Policy sets out how you can access and make a request to correct your personal information we may hold about you, or to make a privacy complaint, and how we will deal with the complaint. You may contact us by email at: marketing@cafedelmar.com.au.
6.6. By purchasing a Gift Card and providing us with your contact details, a Gift Card purchaser thereby consents, without the requirement for any further act or omission, to the promoter contacting them for marketing purposes. The promoter’s use of any or all of a participant’s personal information will be in accordance with the Privacy Policy, available here https://cafedelmar.com.au/privacy/.
7. GENERAL
7.1. Gift Cards are a form of tender to make purchases at Café del Mar Sydney.7.2. If you have any questions regarding Gift Cards, please contact enquiries@cafedelmar.com.au.
7.3. The purchasing and redeeming of Gift Cards is subject to the laws of New South Wales and any dispute arising under these Conditions of Entry or otherwise in respect of the Gift Cards will be submitted to and determined by the exclusive jurisdiction of the courts of New South Wales.
7.4. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia.
7.5. If you wish to dispute an amount deducted from your Café del Mar Sydney Gift Card, you must contact Café del Mar Sydney via email at enquiries@cafedelmar.com.au. If an amount is not disputed within thirty (30) days after the transaction date, Café del Mar Sydney may at its sole discretion refuse to provide you with a refund.
7.6. Café del Mar Sydney encourages consumers to consume alcohol in moderation. Legal aged consumers are advised to consider the ‘low risk drinking’ guidelines recommended in the National Health & Medical Research Council Australian Alcohol Guidelines which states: for healthy men and women, drinking no more than two (2) standard drinks on any day reduces your risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. A full version of the guidelines is available at: http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. Participation in the promotion is subject to relevant liquor legislation in each applicable State or Territory, including responsible service of alcohol. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at www.alcohol.gov.au