1. DEFINITIONS
Customer means the purchaser of the Gift Voucher.
Expiry Date means the date stated on the reverse of the Gift Voucher after which remaining funds of the Gift Voucher will no longer being available, and being a date no earlier than 36 months from the date of purchase.
Gift Voucher means a gift voucher issued for use at the Sebel Yarrawonga Silverwoods and Blackbull Golf Club located at 40 Silverwoods Boulevard, Yarrawonga Victoria Australia.
Holder means the Customer or person in possession of the Gift Voucher.
Manager means the manager for the time being of the Silverwoods Venues.
Silverwoods means Elm Point Operations Pty Ltd and related bodies corporate as defined by the Corporations Act 2001 (Cth) and includes the successor, transferees and assigns of each related body corporate.
Silverwoods Venues means the Blackbull Golf Club, Elizabeth’s Restaurant, Stock and Barrel Restaurant, Sunset Poolside Bar and SOL Wellness Centre Day Spa.
Voucher Value means the dollar value loaded onto the voucher at the time of purchase by the Customer.
2. GIFT VOUCHERS
A. The Gift Voucher is a stored value voucher issued to the Customer by the Manager on behalf of Silverwoods. The Gift Voucher allows the Customer to load Voucher Value onto the Gift Voucher at the point of purchase of the Gift Voucher.
B. The Voucher Value loaded onto the Gift Voucher is a pre-payment. The Gift Voucher should be looked after by the Customer like cash. It cannot be replaced if lost or stolen. No credit card, credit line, overdraft protection, or deposit account is associated with the Gift Voucher.
C. Once purchased, the Gift Voucher can then be used by the Holder of the Gift Voucher for future purchases of various goods and services, within the Silverwoods Venues. The dollar value of the Gift Voucher cannot be redeemed or refunded for cash, nor can it be used to purchase another Gift Voucher.
D. The Gift Voucher can be used to redeem the Voucher Value principally towards pre-booked accommodation at publicly available rates. Any available remaining balance on the Gift Voucher can then be used towards payment or part-payment of the Holder’s room account, including in-house restaurant dining, or other incidental food and beverage charges, however no change will be given for the unused balance of the Gift Voucher.
E. Gift Vouchers will expire thirty-six (36) months after the date on which it is issued or activated by the Manager; in line with the Australian Consumer Law and Fair Trading Act 2012 (Vic) and the Competition and Consumer Act 2010 (Cth) Sch 2 (‘Australian Consumer Law’). Any unused value remaining on the Gift Voucher on its expiry is not refundable.
F. The Gift Voucher remains the property of the Manager at all times.
3. RESERVATIONS FOR SERVICES
Reservations at a Silverwoods Venue are subject to allocation and availability at the time of reservation. Blackout dates may apply to publicly available rates, including school holidays and public holidays, or any special events periods. Room allocations fill quickly during special events, school holidays, public holidays and weekends and no guarantee can be given that an allocated room or service will be available at a Silverwoods Venue or for the days that a Holder may prefer.
All Gift Voucher reservations for a Silverwoods Venue must be made via the Manager's central reservation department via the published telephone numbers and when making a reservation the Holder must advise the reservations department they will be using a Gift Voucher as payment method, and must quote the relevant Gift Voucher number, and must also quote a credit card number.
4. CANCELLING A RESERVATION
If a Holder cancels its reservation, it must do so by contacting the reservations department and advising of the relevant cancellation. If the Holder fails to give the relevant cancellation of the reservation as required before the date of arrival at the relevant Silverwoods Venue, pursuant to the reservation, the Silverwoods Venue will be entitled to deduct from the Gift Voucher Value a cancellation fee determined in accordance with the Silverwoods Venue’s usual policy.
5. REDEEMABLE SERVICES
Gift Vouchers are valid only at the Silverwoods Venue. A Gift Voucher entitles the bearer to use the Voucher Value as a payment method for overnight accommodation at the Silverwoods Venues 'Best Unrestricted Rate' at the time of booking, or any accessible publicly available rates at time of stay.
Participating Silverwoods Venues may change from time to time and an up-to-date list may be obtained from the Gift Voucher co-ordinator appointed by the Manager ('Gift Voucher Co-ordinator') or by request to the Manager’s email, h9941-gm@accor.com.
6. NO ADDITIONAL VALUE CAN BE PUT ON THE VOUCHER
Additional value cannot be added to a Gift Voucher. All transactions are declined once a Gift Voucher balance reaches zero. Holders may check the balance of their Gift Voucher at any time by request to the Manager via email, h9941-gm@accor.com, or online at wwws.givex.com/cws4.0/sebelyarra/check-balance.
Please note that there may be a delay between the time the Holder makes redemption and the time the redemption is reflected in the Gift Voucher balance shown. As a result the balance shown will not necessarily include all redemptions the Holder has made before its balance enquiry. The Holder agrees that notwithstanding what the Gift Voucher balance is shown as, it is not entitled to redeem the Gift Voucher for more than:
1. the nominated value of the Gift Voucher; or
2. the actual remaining balance of the Gift Voucher.
Any additional value sought by a Holder will require the purchase of a new Gift Voucher and Voucher Value, in accordance with these Terms and Conditions. Any dollar value remaining on a Gift Voucher may not be used to purchase an additional Gift Voucher. The Holder may, however, redeem the Voucher Value, in exchange for services, on two or more separate Gift Vouchers
7. PURCHASE
A Customer must purchase at least AUD$100 Voucher Value per voucher, and thereafter in increments of AUD$50, but may not purchase more than AUD$500 Voucher Value for each Gift Voucher. A purchaser cannot purchase more than AUD$1,000 in Voucher Value (irrespective of the number of vouchers purchased) in any one transaction. If more than AUD$1,000 Voucher Value is required, additional Vouchers can be purchased in separate transaction. Gift Vouchers which have been purchased via fraudulent means or by way of stolen credit card details (as determined in the Manager’s sole discretion) will be deemed to be purchased pursuant to an illegal transaction and that Gift Voucher will be registered as stolen and the Voucher Value will not be honoured by the Manager or any Silverwoods Venue.
8. DISPATCH AND PAYMENT
Vouchers ordered directly from the Manager will only be dispatched when full payment is received by the Manager (including any service or delivery charges) in accordance with these Terms and Conditions. Refunds and exchanges are not available after full payment is received. All stated prices are in Australian dollars and inclusive of GST. GST and any other taxes, charges, fees or duties that are, or may be, levied on the services or other goods purchased from a Silverwoods Venue and must be paid by the Holder at the time that it uses the Voucher to purchase the services and/or goods. Payment for a Gift Voucher may be made by any of the following means:
- PayPal; or
- credit card (Amex, Diners, Mastercard, Visa) for email or phone orders.
Gift Vouchers will be emailed to the Customer and/or Holder and will not be sent via post.
A maximum of 10 Vouchers can be ordered via email at h9941-gm@accor.com. Please contact the Manager when ordering more than 10 Vouchers.
Orders will be dispatched within 7 business days (that being any business day upon which banks are open for business in Melbourne) of receipt of an order form and payment in full. Valid orders and payment in full must be received by 12pm (noon) on the day of receipt if the order form is to be included in the 7 Business Day period. If payment is made by way of cheque, an additional 5 Business Days must be allowed prior to dispatch of an order
9. EXPIRY DATE
The date of issue of each Gift Voucher will be recorded by the retailer or the Manager (as applicable). The Australian Consumer Law and Fair Trading Act 2012 (Vic) and the Competition and Consumer Act 2010 (Cth) Sch 2 (‘Australian Consumer Law’) deem that Gift Vouchers purchased on or after April 1st 2018, will be valid for thirty-six (36) months from the date of issue ('Validity Period'), as detailed on the reverse of each Gift Voucher. Following expiry of the Validity Period the Voucher will expire and any unused balance will not be refunded. After the Voucher has expired it is no longer valid and all transactions will be declined. Holders may check the Validity Period of their Voucher at any time by request to the Manager via email at h9941-gm@accor.com.
10. LIABILITY FOR LOST/STOLEN VOUCHERS
Holders are advised to protect their Gift Voucher as they would cash. Lost or stolen Gift Vouchers will not be replaced. Neither the Manager nor the Silverwoods Venue accept any responsibility for lost or stolen Gift Vouchers or their unauthorised use. Partial unused Gift Voucher Value on a lost or stolen Voucher will not be refunded or exchanged for cash or credit. Copies of Gift Vouchers will not be accepted. Gift Vouchers will be deemed void if altered in any way. The Silverwoods Venue may refuse a damaged Gift Voucher or any Gift Voucher it reasonably suspects has been altered, stolen or is not a valid Gift Voucher.
11. LIABILITY
To the extent permitted by law, the Manager and the Silverwoods Venue make no representations, warranties or conditions of any kind, express or implied, with respect to the Gift Voucher. The Manager does not represent or warrant that the Gift Voucher will always be accessible or accepted. Neither a Silverwoods Venue nor the Manager are required to carry out any of the obligations referred to in these Terms and Conditions if it is not reasonably practical for them to do so because of an event outside of their control.
To the extent permitted by law, in the event that the Manager or the Silverwoods Venue are found liable to the Customer or the Holder, the Customer or Holder shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on the Holder's Gift Voucher.
The Manager and the Silverwoods Venues shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue and use) arising out of or in any way connected with use of a Gift Voucher.
The Customer and the Holder both indemnify the Manager and any relevant Silverwoods Venue against any loss, cost, claim or liability the Manager or the Silverwoods Venue might suffer arising out of or in any way connected with the Customer's or any Holder's use of a Gift Voucher or a breach of these Terms and Conditions.
The Manager may cancel a Gift Voucher at its discretion if the Customer or any Holder breaches any of these Terms and Conditions.
Where the Holder of the Gift Voucher is not the Customer, these Terms and Conditions are not intended to create an obligation or any other rights enforceable by the Holder against the Manager or the Silverwoods Venue. Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon the Manager and the Silverwoods Venue 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 Manager and the Silverwoods Venue are able to do so, their liability under those provisions will be limited, at their option to:
- in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
12. DISPUTE
In the event of any problem or dispute in relation to the Gift Voucher or any service purchased with the Gift Voucher, the Manager may authorise the Silverwoods Venue to consult with the Holder in an effort to make alternative arrangements but this does not create an obligation on the Manager to do so.
13. COMPLAINTS HANDLING
If a Customer or Holder believes they have been charged in error or has any other dispute about their Gift Voucher, the Customer or Holder must contact the Manager and provide details of the dispute or error.
The Manager will investigate the matter in accordance with the Silverwoods Complaints Handling Procedures, and in conjunction with the Manager's Customer Services Manager.
The Customer or Holder must provide the Manager with all details requested by the Manager acting reasonably, including their name, account details, Gift Voucher number, and location of the transaction in dispute, date and time of transaction and contact details.
The Manager will make every reasonable effort to notify the Customer or Holder within 10 business days from the date the disputed charge(s) are reported as to the outcome of its investigation.
If it is determined that an error has occurred, the Holder's account will be re-credited. If the Customer or Holder is not happy with the decision of the Manager, the Customer or Holder may apply to the relevant government authority for further investigation.
14. NOTICE OF MATERIAL CHANGES TO TERMS AND CONDITIONS
The Manager will give Customers 30 days' written notice of any material changes to these Terms and Conditions of the Gift Voucher, via its website, notwithstanding that it is entirely within the Manager's discretion to make such changes.
15. CUSTOMER ACCESS TO THEIR DETAILS
Holders can obtain an electronic record of their Gift Voucher balance, Validity Period and transaction history from time to time, within 5 business days of making a request to obtain these details and providing satisfactory identification evidence to the Manager, via email at h9941-gm@accor.com. The Manager will not charge for Holders to have this access to their details. The Manager reserves the right to limit a transaction record to the 3 month period immediately preceding the request.
16. ACCEPTANCE OF TERMS
The purchase of the Gift Voucher by a Customer from the Manager or a Silverwoods Venue, and any subsequent use of the Gift Voucher by its Holder constitutes acceptance by the Customer and Holder of these Terms and Conditions.
17. RIGHT TO CHANGE, MODIFY OR AMEND
Subject to Clause 16, the Manager reserves the right to modify, change or amend these Terms and Conditions at any time without notice.
18. PRIVACY AND THE CUSTOMER'S CONSENT
In order to provide the Customer with a broad range of information in relation to tourism, hospitality and services and to assist in delivering a better service to the Customer, Silverwoods and the Manager will retain the information the Customer has provided.
Information collected by the Manager about the Customer or the Holder (as the case may be) may be "personal information" for the purposes of the Privacy Act 1998 (Cth). The Customer and any Holder both agree to the collection and use of this personal information and the disclosure of such information to the Manager's agents a for the purpose of operating and marketing the Gift Vouchers.
Information can be disclosed to the Silverwoods Venues, any of the Manager's agents or any other appropriate third party (including financial institutions, credit reporting institutions or law enforcement bodies), if:
- the Customer consents in writing;
- the Manager considers that disclosure is necessary to enable a Gift Voucher to be issued, redeemed or otherwise processed, or to enable the Manager, the Service Provider and any of the Manager's agents to comply with their obligations under these Terms and Conditions; or
- the Manager considers that the Customer or the Holder may have been involved in fraudulent activities in relation to a participating company, in which case the Manager may also cancel the Gift Voucher at its discretion.
The Customer agrees that the Manager can disclose its personal information to the Holder.
The Customer and the Holder both have the right to request access to, and correction of, this personal information.
For any enquiries, please contact the Manager directly or send your enquiry to the Privacy Officer at: h9941-gm@accor.com