Terms of Online Sale

Terms of online sales

These Terms and Conditions set out the rights and obligations on Your purchase of the Products.

Gift A Restaurant Pty Ltd ABN 58 646 094 555 (We/Us/Our)

Set out below are the terms and conditions on which We will supply dining cards (Gift Card) on the website (Products) https://www.giftarestaurant.com/ and https://nz.giftarestaurant.com (the Site) to you the Consumer (You) “You” also means the user of a Gift Card, regardless of who purchased the Gift Card.

Please read these terms and conditions carefully before purchasing any Products on the website (the “Site”).

By clicking the button “Pay Now” you agree to be bound by these terms and conditions and your completed online order.

1. Your Status

By purchasing Products through Our site, You agree that:

• 1.1 – You are legally capable of entering into binding contracts;
• 1.2 – You are bound by these terms of sale;
• 1.3 – You are at least 18 years old; and
• 1.4 – The products are for your personal use or a gift.

2. Product information
   • 2.1 – You may purchase Gift Cards for restaurants or other entertainment and hospitality providers (Venues) on the Site.
   • 2.2 – You may purchase Gift Cards for other people who may redeem them under these terms of sale.
   • 2.3 – The Site contains product information which you must consider before placing an order.
   • 2.4 – You must review individual product listings before You place an order. You are solely responsible for your choice and the suitability of the Venue.
   • 2.5 – We do not accept liability if we ship products to you that you are not permitted to import to your location.
   • 2.6 – A Gift Card may be redeemed at the Venue. Restaurant reservations may be made through the specified Venue directly or its booking systems.
   • 2.7 – To redeem the Gift Card:
     • (a) dine and present your Gift Card to the Venue when setting the bill. If your bill exceeds the available Gift Card amount, the balance must be paid by other available payment options. If your Gift Card exceeds the bill amount, the balance in a new gift card will be issued to you with the balance remaining.
     • (b) You may be required to supply photo identification to the Venue at the time of redemption.
   • 2.8 – If you purchase a Gift Card on the Site after being referred to the Site by a third party, we may pay a commission to the third party.
   • 2.9 – Except as required by law or set out in these Terms of Sale, Gift Cards purchased on the Site;
     • (a) are non-refundable and non-transferrable;
     • (b) cannot be used for special events or online merchandise purchases;
     • (c) are treated as cash and cannot be replaced if lost or stolen.;
     • (d) expire a certain number of months after issue in line with local laws as set out in each sale details. In Australia and New Zealand this is 36 months;
     • (e) may only be used for purchases at the specified Venue detailed on the Gift Card and cannot be returned or exchanged for cash;
     • (f) can be redeemed up to a maximum of $1,000 per transaction, per table in the Venue;
     • (g) can be purchased up to a maximum of $1,000 per transaction; and
     • (h) may not be re-sold or bartered for cash.

3. Formation of Contract
   • 3.1 – Your order must contain the information specified on the Order Form including details of the Products, quantity, address for delivery, your email address and credit card details including the billing address.
   • 3.2 – We reserve the right at our sole discretion to impose quantity limits on any Products You may order.
   • 3.3 – After placing an order, You will receive an e-mail from Us which will include an invoice for the goods You have ordered.. All orders are subject to acceptance by Us. The contract will only be formed when We dispatch the Products to you.
   • 3.4 – While We take reasonable steps to keep our list of Products available through the Site current, we give no undertaking as to the availability of Products advertised on the Site.
4. Price and Payment
   • 4.1 – The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices include Goods and Services Tax where applicable. Prices are liable to change at any time, but changes will not affect any orders We have accepted.
   • 4.2 – Payment for all Products must be by a credit card.
5. Delivery
   • 5.1 – We will use best efforts to dispatch Products within one day of the order being placed by you on the Site, but we do not guarantee that we will do so. We are not liable for any losses caused by late delivery.
   • 5.2 – You will be notified by email when Your order has been dispatched. Details of the products We have sent You will be listed in the email. Products will be dispatched to the address provided to Us by You via the Site. Invoices will be emailed to the e-mail address provided to Us by You via the site.
6. Cancellation by Us Due to Error
   • 6.1 – You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that Your order may have been acknowledged and your credit or debit card charged. We reserve this right up to the time of dispatch of the Products to You. If a cancellation of this nature occurs after you have been charged, we will issue a credit to your payment option for the amount in question.
7. Refunds and Returns
   • 7.1 – When we sell you Gift Cards we do so as agent for the Venue. Except as required by law, we are not responsible for the Venue’s acts and omissions, or failure to honour a Gift Card. However, if a Venue is permanently closed at the time you go use the Gift Card, you should contact us without delay and we’ll try to make it right for
   • 7.2 – Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
   • 7.3 – Where You are entitled to a statutory guarantee under sections 54 to 59 of the Australian Consumer Law then to the extent that We fail to comply with such guarantee, liability for a failure to comply with such statutory guarantee is limited to one or more of the following, at Our option:
     • (a) the replacement of the goods or the supply of equivalent goods;
     • (b) the repair of the goods;
     • (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
     • (d) the payment of the cost of having the goods repaired, Our limit of liability for defective goods is, at your option, a refund or resupply of the goods; unless it is not fair or reasonable for Us to rely on this term of the agreement.

8. Notices
   • 8.1 – All notices given by You to Us must be given to us as set out below. We may give notice to you at either the e-mail or postal address You provide to Us when you registered to become a registered user with Us, or updated details as held within the Site on “My Details”.
     • (a) Email: enquiries@giftarestaurant.com
     • (b) Telephone: 1800 413 624
     • (c) Post
       Gift A Restaurant Pty Ltd
       ABN 58 646 094 555
       Suite 6, 136 Willoughby Road
       CROWS NEST NSW 2065
       Australia

9. Events outside our control
   • 9.1 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a Force Majeure Event).
   • 9.2 – You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system or data.
10. Entire agreement
    • 10.1 – These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11. General
    • 11.1 – You must adhere to the Terms of Website Use governing the use of our Site and our Privacy Policy which are deemed to be incorporated in these terms and conditions and can be found on the Site.
    • 11.2 – For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site.
    • 11.3 – Responsibility for the content of advertisements appearing on the Site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
    • 11.4 – You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
12. Privacy Policy
    • 12.1 – We undertake to comply with the terms of our Privacy Policy which may be accessed via the Site
13. Governing Law
    • 13.1 – These terms and conditions are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.