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 “Gift Cards”) 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 of these Terms and Conditions for your records.

If you decline to accept these Terms and Conditions, you will need to exit this Website immediately and you must not make any purchase at the Website.

You acknowledge and accept these Terms and Conditions (as varied from time to time in accordance with these Terms and Conditions) 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 and when you make a purchase at this Website.

Application of these Terms & Conditions

These Terms and Conditions are in addition to any terms that appear and apply on any Gift Card 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 Gift Card. You fully indemnify us in respect of any loss or damage suffered by us to the extent caused or contributed to by your unauthorised or unlawful use of this Website or any Gift Card purchased at this Website, except to the extent that we have expressly authorised such use or where we have caused or contributed to such loss or damage.

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 gourmettravellergiftcard.com.au/PrivacyPolicy. You agree that 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 intellectual property rights in this Website and its contents (“Content”) including 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 trade marks and other trade marks that are protected by law. Except as expressly authorised by us in writing, the use of any of these trade marks 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 bodies corporate 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

Except as otherwise set out in these terms and conditions and to the maximum extent permitted by applicable law, we make no warranties or representations about this Website or its Content, 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

Our goods and/or services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Except as otherwise set out in these terms and conditions and to the maximum extent permitted 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, except to the extent that any losses, damages, liabilities, claims or expenses are caused or contributed to by the negligence or willful misconduct of Edge.  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.

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 complies with the laws, including intellectual property laws, of any country outside Australia. If you access this Website from outside Australia, you acknowledge and agree that 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. Subject to this clause, we may at any time vary these Terms and Conditions provided that the changes do not materially reduce or limit your rights under these Terms and Conditions. We will only change these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions if the change is required by law, where such changes are imposed on us by third party suppliers, or where the change is required to protect our legitimate commercial interests.  You will not receive advance personal notice of such changes. If we make changes to these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions, we will endeavour to give you 60 days’ notice by publishing the revised Terms and Conditions on the website at gourmettravellergiftcard.com.au. Any such change will be effective at the time notified on the website.

Gift Card 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 of Use apply to all Gift Cards issued by Edge.

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

Acceptance of the Gift Card and agreeing to these Terms of Use

By purchasing, redeeming, or attempting to redeem a Gift Card, 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 Gift Card.
2. "Gift Card" 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 Gift Card or provided by email for Gift Cards which are digital vouchers;
4. "Remaining Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms of Use;
5. A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use, or who authorises another person to do something with or to the Gift Card on their behalf.

Transactions made with Gift Cards
Purchases and GST

Gift Card 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 Gift Cards

Your Gift Card may only be used at certain participating restaurants (“retailers”) who accept the Gift Card. Each participating retailer will accept the Gift Card 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. Your use of the Gift Card at a retailer is subject at all times to the policies (and, where applicable, other terms and conditions) of that retailer regarding the goods and services made available by it.

If you make a booking to redeem your Gift Card with any retailer and provide Gift Card information but fail to attend the booking, the retailer may choose to redeem the value of the booking from the Gift Card 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 Gift Cards. Any purchase made with a retailer constitutes a transaction between you as the holder of the Gift Card and the relevant retailer, Your use of the Gift Card at a retailer is subject at all times to the policies (and, where applicable other terms and conditions) of the retailer regarding the goods and services made available by it. You acknowledge and agree that we are not a party to that transaction, and we are not in any way responsible or liable in relation to that transaction. Any dispute about goods or services purchased with a Gift Card must be resolved directly with the retailer. If you think there has been an incorrectly processed transaction on your Gift Card please contact the retailer where the transaction took place. We are unable to reverse transactions approved or processed by any retailer unless we required to do so under these Terms and Conditions or by law.

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

Gift Cards cannot be used towards the purchase of any Gift Cards or voucher in participating retailers.

Your Gift Card PIN

You acknowledge that we may allow access to the services offered on this site to anyone who enters a valid Gift Card 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 Gift Card is lost or stolen. Remember to treat your Gift Card like cash. You are solely responsible for any loss caused by use of your Gift Card 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 Gift Card. We may immediately cancel any Gift Card at any time, without notice, if we suspect that fraud or other illegal activity has been detected by our systems.

Purchases Exceeding the Gift Card Value

Your Gift Card 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 Gift Cards

Gift Cards are valid until the expiry date shown on the front of the Gift Card and/or carrier. You can check the expiry date online by visiting check card balance. Once expired, your Gift Card is void and cannot be used. Any expiry date for an individual Gift Card can be checked at any time online at https://gourmettravellergiftcard.com.au/checkcard.

Gift Cards purchased at retail outlets must be activated prior to use as per instructions on the back of the card and pack. To activate your Gift Card go online to the Website (http://gourmettravellergiftcard.com.au/Activate) and follow the prompts by entering the relevant Gift 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 Gift Card Balance

You can check your Gift Card balance and expiry date at any time online at https://gourmettravellergiftcard/checkcard

Lost or Stolen Gift Cards

Treat your Gift Card like cash. Lost, stolen, or damaged Gift Cards will not be replaced or refunded except in our sole discretion or where the loss, theft, or damage is caused or contributed to by our acts or omissions. There is a $15.00 per card replacement fee if we choose to replace any Gift Card where the loss, theft, or damage was not caused or contributed to by our acts or omissions.

Can I request a replacement my Gift Card?

Yes, you can request a replacement gift card by contacting Customer Service. There is a $15.00 per Gift Card replacement fee for Gift Cards.

Your Responsibility for your Gift Card

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

To the extent permitted by law, you acknowledge and agree that Gift Cards 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.

Our goods and/or services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Purchase of Gift Cards from retailers not certified by Edge

Gift Cards 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 Gift Card purchased from any other retailer including any auction website or discount website who is not listed as one of our certified sellers. A Gift Card which has not been 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 Gift Cards 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 Gift Card. By accepting any Promotional Offers or using any Promotional Codes you agree to and accept to comply to these Terms of Use, 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 Gift Card.
2. One Promotional Code applies per transaction.
3. We reserve the right to remove any Promotional Offer or Promotional Code in accordance with the terms and conditions of any promotion, 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 of Use, at any time, where the change is reasonably required:

1. To add or remove participating retailers and/or where the Gift Card may be redeemed;
2. To add or remove goods or services which may be purchased with the Gift Card;
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 such changes do not materially reduce or limit your rights under these Terms of Use.

You will not receive advance personal notice of such changes. If we make changes to these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions, we will endeavour to give you 60 days’ notice by publishing the revised Terms and Conditions on the website at http://gourmettravellergiftcard.com.au. Any such change will be effective at the time notified on the website.

Physical Gift Cards Remain our Property

Gift Cards remain our property. If you have a query or complaint about your Gift Card, 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 Gift Cards. 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 of Use 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 Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia.

Refunds and Exchange Policy

Gourmet Traveller Gift Card 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 materially different to the image or description provided, a full refund or exchange will be provided upon proof. Please keep your receipt as you will be required to provide it as proof of purchase.

Delivery Times

We will use our reasonable endeavors to deliver physical gift cards by the estimated delivery date. We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery except to the extent that our negligence or willful misconduct caused or contributed to the relevant liability. All physical gift cards are shipped via Australia Post. You acknowledge and agree that delivery time frames are subject to change and any postage delays experienced are out of Gourmet Traveller Gift Card’s control. For more information, please visit the Australia Post website.

COVID 19 Information

To the best of Gourmet Traveller Gift Card's knowledge, the restaurants on the participating restaurant lists are open and accepting Gourmet Traveller gift cards for dine-in service. To ensure a restaurant will accept a gift card, we recommend you contact them directly prior to dining. From time to time, restrictions may be enforced by local and federal government to prohibit the trading of restaurants. Please ensure you’re up to date with current restrictions as listings on the website may not reflect temporary closures or regulations on seating capacity.