Terms & Conditions

DEFINITIONS

In the Terms and Conditions:

“Activate” means the initial loading of value onto an ESCA 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 ESCA Gift Card which is the subject of these Terms and Conditions.

“ESCA” means ESCA 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.

“ESCA Venues” are all hospitality venues owned and operated by ESCA, full details of which can be found at the ESCA Website www.esca.group

“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 ESCA Venues.

“Website” means www.esca.group

A reference to “we“, “us“, or “our” is a reference to ESCA. 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 ESCA Gift Cards (“Gift Card”) and may be updated at ESCA’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 an ESCA 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 an ESCA 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 an ESCA venue is subject at all times to the policies (and, where applicable, other terms and conditions) of ESCA regarding the goods and services made available by it.

2. PURCHASING AN ESCA GIFT CARD

2.1. Gift Cards can be purchased online at www.esca.group or in person at Nour Restaurant, Lilymu Restaurant, Aalia Restaurant, Henrietta Charcoal Chicken and Cuckoo Callay during trading hours. E-gift card promotions do not apply in-store.

2.2. You may purchase a Gift Card by following the instructions on the ESCA website www.esca.group. 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 ESCA at the time ESCA sends an order confirmation to your nominated email address.

2.3. A minimum value of $50 and a maximum of $1,000 can be loaded on each Gift Card. For purchases exceeding AUS $1,000 in value, email www.esca.group.

2.4. ESCA reserves the right to not accept Orders, including those that request commercial quantities of Gift Cards. If ESCA is unable to supply your total Order it 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 ESCA website.

2.6. Once you click on “Complete Purchase”, ESCA 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 ESCA 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, ESCA will not be required to fulfil the Order, and may at its discretion contact you to make alternative payment and delivery arrangements.

2.8. ESCA 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. Gift Cards are only available for delivery within Australia. All Orders are delivered via Australia Post to a nominated residential or business address. Gift Cards cannot be delivered to a PO Box or Locked Bag address.

2.10. Australia Post is sub-contracted to ESCA for carrying out delivery of Gift Cards ordered online. Any issues regarding delivery of Gift Cards ordered via www.esca.group/gift-card/ should be referred to ESCA directly via the Contact Us link on the website. ESCA does not guarantee the delivery of the orders within the timeframe specified as this is dependent on Australia Post processing times.

2.11. ESCA will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery or for any lost or misdirected Gift Cards, including any Gift Cards lost or misdirected in the mail. Delivery options of Australia Post include standard postage delivery or Registered Post delivery and are available to be selected when purchasing a Gift Card. Upon purchasing a Gift Card, guests are advised to register their Gift Card by creating an account at www.esca.group/gift-card/ and registering their Gift Card using the 22-digit number on the reverse side of the card.

2.12. Subject to payment, property and risk in the Gift Card passes to you upon dispatch of the Gift Card to your nominated delivery address.

2.13. ESCA reserves the right to cancel any Order at any time, without notice, for any reason.

2.14. Customers who wish to cancel a Purchase must, within 24 hours of purchase, email us at info@esca.group, quoting the Gift Card number. Orders that have already been processed cannot be cancelled. ESCA will endeavour to process cancellation requests where possible, but will not be liable for any failure to do so.

2.15. In the event of a cancelled Purchase, any payments processed by ESCA will be promptly refunded. 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 ESCA accepts no responsibility. ESCA 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 ESCA 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 AN ESCA GIFT CARD

3.1. ESCA Gift Cards can be used by cash across all ESCA venues for any bar and dining experiences, or purchases in retail stores. Visit www.esca.group/venues/ to view all redeemable venues. Please see our FAQ section at www.esca.group/gift-card/ for common questions and queries regarding our gift card program.

3.2. When redeeming a Gift Card within an ESCA 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, ESCA 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 in any ESCA 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 ESCA 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 ESCA.

3.5. ESCA 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.esca.group/gift-card/ or in any ESCA 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 ESCA 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 an ESCA 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 ESCA Gift Card, except to the extent to which there has been a proven fraud or negligence by ESCA or an employee of ESCA.

4.2. In the event of reasonably suspected or proven fraudulent and/or improper use of the Gift Card, ESCA reserves the right to suspend (pending investigation) or cancel any Gift Card without notice.

4.3. ESCA is not liable for any ESCA Gift Cards that are on sold through any online auction sites.

4.4. Gift Cards must be treated like cash. If your Gift Card is damaged, please visit ESCA Head office with your damaged Gift Card. However, we have no obligation to replace or refund value for lost or stolen Gift Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions.

5. RELATIONSHIP WITH ESCA

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 ESCA.

5.2. Use of the ESCA name or associated brands, or any names or logos of any ESCA venue or entity (other than in connection with the purchases or use of Gift Cards), is strictly prohibited without prior consent of ESCA.

5.3. For any approval requests for marketing, advertisements, or other promotional activities, please contact ESCA via email at info@esca.group 10:00am to 6:00pm, Monday to Friday AEST.

6. PRIVACY COLLECTION NOTICE

6.1. This Notice explains how ESCA and its affiliates manage your personal information and complaints. More information can be found on Our Privacy Policy at www.esca.group/privacy-policy.

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 Card, 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: info@esca.group or by post: ESCA, Studion 12/151 Foveaux Street, Surry Hills, NSW 2010

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 www.esca.group/privacy-policy.

7. GENERAL

7.1. Gift Cards are a form of tender to make purchases at any ESCA owned and operated venue.

7.2. If you have any questions regarding Gift Cards, please contact info@esca.group.

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 ESCA Gift Card, you must contact ESCA Head Office via email at info@esca.group. If an amount is not disputed within thirty (30) days after the transaction date, ESCA may at its sole discretion refuse to provide you with a refund.

7.6. ESCA 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