Terms and Conditions
These terms and conditions (“Terms and Conditions”) apply to and govern your use and access of Kimpton Margo Sydney (the “Site”) and the use of e-gift cards purchased through the Site (“Gift Card”).
USE OF GIFT CARDS
1. General
A. The Gift Card is a stored value card issued to you (“Customer”) by Pro-invest Hotel Operating Sydney CBD 2 Pty Ltd (“Kimpton Supplier”) for venues trading as Luke’s Kitchen, The Wilmot Bar and Harper Rooftop Bar and by Pro-invest Hotel Operating Potts Point Pty Ltd (“Potts Supplier”) for the venue trading as Luc-San (respectively, the “Supplier”).
B. The Customer may load a dollar amount onto the Gift Card as a pre-payment. To the extent possible under Australian law, the Gift Card is non-refundable. The Gift Card cannot be replaced in the event of it being lost or stolen. No credit card, credit line, overdraft protection or deposit account is or will be associated with the Gift Card.
C. Once money has been loaded onto the Gift Card, the Customer or any person to whom the Customer gives possession of the Gift Card may use the Gift Card for future purchases of goods or services at any one of the following food and beverage outlets operated by the Supplier, being:
a. Luke’s Kitchen;
b. The Wilmot Bar;
c. Harper Rooftop Bar; or
d. Luc-San.
(Collectively, the “Outlets”)
D. The dollar value on the Gift Card cannot be redeemed or refunded for cash, nor can it be used to purchase another Gift Card.
E. In accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth), each Gift Card shall be redeemable for three (3) years after the Customer purchases the Gift Card from the Supplier.
2. Purchase & Payment
A. A Customer may load AUD 25-2,500 onto the Gift Card and/or in increments designated by the Site.
B. Gift Cards apply to individual Outlets only and are non-transferable.
C. Gift Cards which have been purchased via fraudulent means or by way of stolen credit card details (determined in the Supplier’s absolute discretion) shall be deemed to be purchased pursuant to an illegal transaction and that Gift Card will be registered as stolen (“Stolen Gift Card”).
D. Stolen Gift Cards will not be honoured by the Supplier unless and until the Supplier, acting reasonably, is satisfied that the Gift Card is no longer a Stolen Gift Card.
E. Gift Cards ordered directly from the Supplier using the Site will only be electronically delivered to the Customer when full payment is received by the Supplier (including any service or delivery charges) in accordance with these Terms and Conditions.
F. Refunds and exchanges are not available after full payment is received. All stated prices are in Australian dollars. GST and any other taxes, charges, fees or duties that are, or may be, levied on the Gift Card or other goods purchased from a Service Provider must be paid by the person in possession of the Gift Card at the time that it uses the Gift Card to purchase the Services and/or goods.
3. Delivery
A. Gift Cards ordered directly from the Supplier will be electronically delivered to the email address nominated by the Customer when purchasing the Gift Card. The Supplier shall not be liable for any loss suffered as a result of a Gift Card being lost in the delivery process or for incorrect email address provided. Upon receipt of the Gift Card, the Customers accepts full responsibility for the safekeeping of the Gift Card.
B. In the event that a Gift Card has not been delivered to the Customer’s nominated email address within five (5) days of the date that the Gift Card was purchased, the Supplier may cancel and replace such Gift Card, subject to the Customer providing written notice to the Supplier of the non-delivery of the Gift Card. The replacement of the Gift Card shall be in the sole and absolute discretion of the Supplier. For the purpose of this clause 3(B), evidence from any email provider used by the Supplier that the Gift Card was sent to the email address nominated by the Customer shall be conclusive evidence of the delivery of the Gift Card to the Customer.
C. The Customer is solely responsible for providing the Supplier with the correct contact names and addresses for invoicing the Customer, and for delivery.
4. Stolen and Altered Gift Cards
A. Supplier accepts no liability for lost or stolen Gift Cards or the unauthorised use of any Gift Card.
B. Gift Cards will be deemed void if they have altered in any way. The Supplier or the Outlets may refuse a damaged Gift Card or any Gift Card it reasonably suspects has been altered, stolen or is otherwise not a valid Gift Card.
5. Liability
To the extent permitted by law, the Supplier and the Outlets make no representations, warranties or conditions of any kind, express or implied, with respect to the Gift Card.
Neither the Supplier nor the Outlets are required to carry out any of the obligations referred to in these Terms and Conditions if they are prevented from doing so by an event outside of their reasonable control.
Under no circumstances will the liability of the Supplier or the Outlets to any Customer or person in possession of a Gift Card exceed the amount paid for by the Customer in respect of the applicable Gift Card.
Neither the Supplier nor the Outlets shall have any liability for loss, whether incidental, indirect or consequential (including, without limitation, loss of profit, revenue, opportunity, use and goodwill), arising out of or in any way connected with the Customer’s negligence, fraud, wilful misconduct, act or omission or breach of these terms and conditions.
The Supplier may cancel a Gift Card at its sole and absolute discretion if the Customer or any person in possession of a Gift Card breaches any of these Terms and Conditions.
Where the person in possession of a Gift Card is not the Customer, these Terms and Conditions are not intended to create an obligation or any other rights enforceable by that person against the Supplier or any Outlet.
Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon the Supplier and the Outlets which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions.
If these statutory provisions apply, to the extent to which the Supplier and/or the Outlets are able to do so, their liability under those provisions will be limited, at their option to:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(ii) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
6. Variation
The Supplier, acting reasonably, reserves the right to amend these Terms and Conditions at any time and without any further notice to you, provided that such variation does not materially affect your rights under these terms and conditions.
7. Acceptance
The purchase of a Gift Card by a Customer from the Supplier, and any subsequent use of the Gift Card by the Customer or the person in possession of the Gift Card constitutes acceptance by the Customer and/or the person in possession of the Gift Card of these Terms and Conditions.
8. Governing Law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of the Gift Cards or these Terms and Conditions.
If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in full force and effect.
USE OF THE SITE
1. General
A. These Terms and Conditions and any other terms, policies, notices and disclaimers contained on the Site set out the terms of access to and use of the Site. These Terms and Conditions must be read together with the Privacy Policy of the Site. Your use of and access to the Site is conditional upon your acceptance of these Terms and Conditions and constitutes your agreement to be bound by the Terms and Conditions.
B. The Site is owned and operated by Pro-invest Hotel Operating Sydney CBD 2 Pty Ltd (“Operator”).
2. Use of the Site
A. As a condition of your use of the Site, you warrant to the Operator that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
B. You agree that when using the Site, you will not:
(i) defame, abuse, harass or threaten or otherwise violate the legal rights of others;
(ii) distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(iii) violate any code of conduct or other guidelines which may be applicable for the Site; or
(iv) violate any applicable laws or regulations.
3. Ownership of Content
A. The Site and all related material and content including without limitation all information, text, materials, graphics, software, tools, results derived from the use of the Site, logos, names or trade marks (“Content”) are protected by copyright, trade mark and other intellectual property laws. All intellectual property rights in relation to the Content are owned by the Operator and/or its suppliers or licensors respectively. All rights reserved.
B. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation), or as otherwise provided for on this Site, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be copied, reproduced, adapted, stored, republished, sold, distributed or transmitted without the prior written permission of the Operator.
C. The Operator makes no warranties or representations that material on any other site which may be accessible through the Site does not infringe the intellectual property rights of any person anywhere in the world.
D. Any rights not expressly granted herein are reserved.
4. Liability
The content, software, products, and services included in or available through the Site are provided “as is” and are current at the time of publication and may include inaccuracies or typographical errors. The Operator and/or its suppliers or partners may make improvements and/or changes in the Site at any time. You should consult an appropriate professional for specific advice tailored to your situation if needed.
The Operator, its suppliers and partners make no representations about the suitability, reliability, availability, timeliness, and accuracy of the content or services contained on or available through the Site for any purpose. To the maximum extent permitted by applicable law, all such information, content and services are provided “as is” without warranty or condition of any kind. To the maximum extent permitted by law, the Operator, its suppliers and partners hereby disclaim all warranties and conditions with regard to this content and services supplied via the Site, whether express or implied.
To the maximum extent permitted by applicable law, in no event shall the Operator, its suppliers and/or partners be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with any delay, interruption, error or inability to use the Site or related services, the provision of or failure to provide services, or for any content, software, products and services obtained through the Site, or otherwise arising out of the use of the Site.
Nothing in these Terms and Conditions excludes, restricts or modifies any condition or warranty which may at any time be implied by applicable laws including the statutory consumer guarantees as provided in the Competition and Consumer Act 2010 (Cth) except where it is legally permitted to do so. If the Operator should be liable for the breach of a term implied by law, and it is legally permitted to do so, its liability will be limited at the option of the Operator to, in the case of goods or services supplied by the Operator, the re-supply of those goods or services or payment of the cost of doing this.
5. Indemnity
You indemnify the Operator, its subsidiaries, affiliates, partners, suppliers, licensors and licensees, and its respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using the Site.
6. Variation
The Operator reserves the right to amend these Terms and Conditions at any time and without any further notice to you, and you should periodically refer to them on this page.
7. Acceptance
The use of the Site by you constitutes acceptance of these Terms and Conditions.
8. Governing Law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of the Gift Cards or these Terms and Conditions.
If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in full force and effect.