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The Restaurant Choice Website Terms & Conditions

Terms & Conditions of Sale

1. Restaurant Choice

1.1 www.restaurantchoice.com.au (the “Website”) is owned and operated by Blackhawk Network (Australia) Pty Ltd (ABN 84 123 251 703) of Suite 17.02, Level 17, 101 Miller Street, North Sydney, NSW 2060 (“we”, “us” and “our”).

1.2 By purchasing any goods or services from this Website (including any Gift Card) you agree to be bound by these terms and conditions of sale (“Terms”).

1.3 The Terms are in addition to the terms and conditions of use for each Gift Card (“Gift Card Terms”), which are available on the Website.

1.4 Any information submitted by you through a Website may be provided to our related entities and to third parties that provide services in relation to the Gift Cards or the Website.

1.5 The Website is only available to users within Australia.

1.6 We may add to, delete part of, change, suspend or discontinue the Website, including the availability of any features or functionality of the Website, at any time if we consider it reasonably necessary to protect our legitimate interests.

2. Gift Cards

2.1 Each gift card is a physical stored value card (“Gift Card”) and issued for use as payment (up to the value stored on the Gift Card and prior to the expiry date of the Gift Card) at any restaurant, café, bar or fast food establishment (that falls into a merchant category detailed in Clause 2.5) within Australia that accepts EFTPOS (for physical Gift Cards) or Visa (for Digital eGift Cards) for payment (an “Accepted Merchant”).

2.2 Each Gift Card may only be used in accordance with the Gift Card Terms. Gift Card Terms are set by us and include provisions governing, among other things, the period of validity, accepted merchants and restrictions on the use of the Gift Card. You should consider the relevant Gift Card Terms carefully when deciding whether to purchase or continue to hold a Gift Card.

2.3 Each Gift Card delivered includes a unique card number, the Gift Card value nominated during the order process (“Gift Card Amount”), the expiry date of the Gift Card and may include a unique pin number (together, the “Card Information”). The Card Information is provided by us.

2.4 Gift Cards may only be used at physical Accepted Merchants. Gift Cards cannot be used for online ordering. You should carefully consider this in deciding whether to purchase a Gift Card.

2.5 This Card can be used at the following merchant category groups:

  • Caterers (5811);
  • Eating Places and Restaurants (5812);
  • Drinking Places (Alcoholic Beverages), Drinking Places (Non-Alcoholic Beverages), Bars, Taverns, Cocktail Lounges, Nightclubs and Discotheques (5813);
  • Fast Food Restaurants (5814);
  • Hotels, Motels & Resorts (7011);
  • Amusement Parks, Circuses, Carnivals and Fortune Tellers (7996);
  • Membership Clubs (Sports, Recreation, Athletic), Country Clubs and Private Gold Courses (7997).

2.6 For the avoidance of doubt, this Card cannot be used at merchant groups that includes (but is not limited to) the following merchant category groups:

  • Automated Fuel Dispensers (5542);
  • Gambling transactions (7995);
  • Financial Institution–Automated Cash Disbursements (6011);
  • Financial Institution–Manual Cash Disbursements (6010);
  • Financial Institution–Merchandise And Services (6012);
  • Quasi Cash–Merchant (6051);
  • Securities–Brokers and Dealers (6211); and
  • Wire Transfer Money Orders (4829).

3. Ordering and payment

3.1 To purchase a Gift Card you must complete the online ordering process, which requires you to:

  1. select the Gift Card Amount and the quantity of Gift Cards you wish to order;
  1. register for an online account by providing your name, email address, contact details and then creating a password. These details can be changed at anytime by using the “Account Settings” function. You only need to register once for the online facility. For subsequent online purchases you only need to enter your registered email address and password; and
  1. provide the name and address of the person to whom the Gift Card is/are to be sent (which may be yourself or another person) (the “Recipient”). Delivery is only to the address(s) provided for the Gift Card(s) purchased in the order. It is your responsibility to ensure that any address nominated by you is complete and correct. We take no responsibility for and will not replace or refund lost, misdirected, stolen or deleted Gift Cards.

3.2 You must pay the order total price as indicated in the online order form using a debit or credit card (Visa or MasterCard) issued by an Australian financial institution. Orders will not be processed until payment has been successfully processed (including any payment verification) and we have your full contact details.

3.3 From time to time, we may have promotions involving discounts or special offers. If you wish to take advantage of such promotions, you will need to follow the relevant promotional mechanics as part of the online ordering process.

3.4 The contract with us for the purchase of a Gift Card(s) only becomes binding when we provide you with an online tax invoice at the last stage of the online ordering process which (a) notifies you that we have processed your order, and (b) provides you with an order reference number (that must be provided when making any enquires in relation to the order).

3.5 We are not obliged to accept your order and may accept or reject your order, or cancel and de- activate your Gift Card(s), for any reason, including if your registration is deemed fraudulent, if the product is unavailable, payment is not received, it is suspected that the Gift Card(s) ordered will be used in breach of the relevant terms and conditions or if there is an error in your order.

4. Payment verification

​​​​​​4.1 Online orders paid using a debit or credit card are submitted to the relevant financial institution or third party for security verification. We are not responsible for any delay in the verification of your transactions nor any costs associated with a returned transaction.

5. Delivery

5.1 Upon acceptance of your order and confirmation of receipt of your payment, we will activate the Gift Card(s) and send the Gift Card(s) loaded with the Gift Card Amount(s) to the Recipient at the address(s) nominated by you in the ordering process. The date of activation will be set out with the Gift Card(s).

5.2 You acknowledge and agree that the availability of services, including the delivery of any Gift Card is dependent on the relevant postal service. We take no responsibility for the act or omission of any postal service, any limitations imposed by such postal service, or such postal service’s ability or inability to support the services and will not replace or refund value for lost, misdirected, stolen or deleted Gift Card(s).

6. Order cancellations / refunds / stopped Gift Card(s)

6.1 Once an order is placed and order confirmation issued, subject to your rights under applicable law, you may not return or seek refund of Gift Cards purchased.

6.2 We reserve the right to cancel an order and/or to place a stop on the Gift Card(s) if:

  1. Your order is not accepted at the nominated delivery address; or
  1. We believe (or reasonably suspect) that your order is fraudulent or you have otherwise breached these Terms;
  1. We believe (or reasonably suspect) that the Gift Card(s) will be used for a fraudulent or unlawful purpose;
  1. We believe that the Gift Card(s) will be used in breach of the relevant Gift Card Terms; or
  1. You report that the Gift Card(s) have not been delivered, have been stolen or deleted.

6.3 If we cancel an order or place a stop on any Gift Card(s), we will notify you as soon as possible and at our absolute discretion, may refund amounts paid by you in respect of that Gift Card(s).

7. Personal Information

7.1 We collect personal information so that we can send the Gift Card to the Recipient on your behalf. We collect and deal with personal information in accordance with the Privacy Policy appearing on the Website: https://blackhawknetwork.com/au-en/privacy-policy

8. Protection of information

8.1 When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.

8.2 This website has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.

9. Linked websites

9.1 This Website may contain third party advertisements and links to other websites operated by third parties including restaurant websites (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements, and you should consider the terms and conditions of linked websites prior to your use of them.

10. Warranty and Indemnity

10.1 By using the Website and making an order for a Gift Card(s) on the Website, you represent and warrant that:

a. you will not use the Website for any illegal purpose or in a manner that is inconsistent with the Terms;

b. you will not interrupt or attempt to interrupt the operation of the Website in any way;

c. you are properly authorised to use the credit or debit card that is being used to make a purchase; and

d. all of the information you provide to us is accurate and complete.

10.2 You will, to the maximum extent permitted by the law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:

a. any representation or warranty provided by you being untrue;

b. your use of the Website including any information you provide being incorrect;

c. your use of a Gift Card purchased from us; and

d. your breach of the Terms;

11. Disclaimer

11.1 Your use of the Website is at your sole risk. To the extent permitted by law, we exclude all express or implied conditions or warranties of any kind, including any warranty that the material on a Website will be reliable, accurate or complete, or that your access to a Website will be uninterrupted, timely or secure. Specifically, we do not accept responsibility for:

a. any use of this website which is illegal or prohibited by laws which apply to you;

b. any interference or damage to your own computer which arises in connection with your use of this website;

c. losses you may sustain due to nauthorized access to or alteration of your transmissions or data or of information contained on your computer or on this website; or

d. malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.

11.2 Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, we exclude, and you agree that we have not made any warranty regarding the Gift Cards, their characteristics or fitness for any particular purpose.

11.3 We are not liable to you or to any other person for any loss or damage (including any other form of indirect or consequential loss) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a Gift Card, Card Information, these Terms, this Website and your use of it, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website. These exclusions only apply to the extent permitted by law. Our liability to you in contract, tort (including negligence), under statute or otherwise, will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause will apply even after this agreement has ended.

11.4 Where legislation implies any condition or warranty that cannot be excluded in these Website terms conditions, we limit our liability for breach of any such implied conditions or warranties to the replacement or repair of the goods (or costs thereof) or re-supply of the services (or costs thereof).

12. Intellectual property

12.1 Copyright in this website (including text, graphics, images, logos, icons, sound recordings and software) is owned by Restaurant Choice as operator of the Website. Subject to the conditions prescribed under the Copyright Act 1968 (Cth), you may not in any form or by any means:

a.adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

b. commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this website, without our prior written permission.

12.2 You may not use of any trademarks appearing on the website, without the written permission of the trade mark owner.

13. Questions, complaints and errors

13.1 If you have questions or if you wish to make a complaint about the Gift Card(s) ordered online, please contact us using the “Contact Us” section of the Website.

13.2 At our absolute discretion, we may change our policies and procedures in respect of errors and complaints.

14. General

14.1 All monetary amounts on the Website are quoted in Australian Dollars.

14.2 These Terms 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 New South Wales.

14.3 If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

 

The Restaurant Choice Gift Card Terms & Conditions

The Restaurant Choice Gift Card Terms & Conditions – Physical Gift Cards

Please read these terms & conditions, so you are familiar with how your card works:

1. The Restaurant Choice™ Gift Card (Card) is issued by EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131 (EML) and program managed by Blackhawk Network (Australia) Pty Ltd (ACN 123 251 703) (“Blackhawk”) (‘we/us/our’). In these conditions ‘you’ are the Card purchaser or user. If you acquire the Card, you will have a contract with us.

2. Using the Card means you accept these Terms and Conditions. You must give these Terms and Conditions to the user of the Card if that is not you.

3. This Card is an EFTPOS prepaid gift card that can be used to purchase food and beverages at any restaurant, café, bar or fast-food establishment (that falls into a merchant category detailed in Clause 2.5) within Australia that accepts EFTPOS for payment (an "Accepted Merchant”). Cards cannot be used at any merchant that is not an Accepted Merchant (including those described in Clause 2.6).

4. Restaurant Choice Gift Cards expire three years from the date of activation, which can be checked here. Cards may not be redeemed after their expiry date and any remaining available balance will be forfeited. We will not give you any notice before this happens.

5. Restaurant Choice Gift Cards are not registered to any user. Consequently, anyone in possession of the Card may use it. Any use of the Card is deemed to be made by the cardholder. Defaced, mutilated, altered, lost or stolen Cards will not be replaced.

6. Subject to applicable laws and the below, the Restaurant Choice Gift Card cannot be redeemed for cash, reloaded, returned for a refund, have their balances consolidated to a new gift card, or be replaced after expiry. Cash will not be given for any unused amounts left on the Gift Card before or after expiry.

7. The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the Accepted Merchant agrees.

8. Cards are activated when first purchased in store or online.

9. Restaurant Choice Gift Cards cannot be used in conjunction with any other promotional offer unless otherwise advised by the Accepted Merchant.

10. The card is not subject to GST when sold to you, however GST is applied to product that you buy with your gift card.

11. Cardholders are encouraged to make their own enquiries by contacting individual restaurants for up-to-date information with regards to acceptance of card.

12. Subject to 13. below, if you have a problem with a purchase made with the Card, or a dispute with an Accepted Merchant, you must deal directly with the Accepted Merchant involved.

13. Refund and replacement policy: Should your Restaurant Choice Gift Card be defective or unusable, contact us on 1300 252 250.

14. If you have a query about the card or wish to make a complaint, please contact us on 1300 252 250.

15. We may cancel any Restaurant Choice Gift Card, or the Gift Card program for any reason at any time without notice. If so, we may either provide a refund or a replacement Card of equivalent value unless we reasonably suspect fraud in relation to the Card. The Card remains our property.

16. The Card can be used at the following merchant category groups:

  • Caterers (5811);
  • Eating Places and Restaurants (5812);
  • Drinking Places (Alcoholic Beverages), Drinking Places (Non-Alcoholic Beverages), Bars, Taverns, Cocktail Lounges, Nightclubs and Discotheques (5813);
  • Fast Food Restaurants (5814);
  • Hotels, Motels & Resorts (7011);
  • Amusement Parks, Circuses, Carnivals and Fortune Tellers (7996); and
  • Membership Clubs (Sports, Recreation, Athletic), Country Clubs and Private Gold Courses (7997).

17. For the avoidance of doubt, this Card cannot be used at merchant groups that includes (but is not limited to) the following merchant category groups:

  • Automated Fuel Dispensers (5542);
  • Gambling transactions (7995);
  • Financial Institution–Automated Cash Disbursements (6011);
  • Financial Institution–Manual Cash Disbursements (6010);
  • Financial Institution–Merchandise And Services (6012);
  • Quasi Cash–Merchant (6051);
  • Securities–Brokers and Dealers (6211); and
  • Wire Transfer Money Orders (4829).

18. We reserve the right to change these Terms and Conditions at any time if we consider it is reasonably necessary to protect our legitimate interests. Any changes to the Terms and Conditions can be viewed at www.restaurantchoice.com.au/terms

19. New South Wales law applies to this agreement. By entering into this agreement you unconditionally submit to the jurisdiction of the courts of New South Wales.

20. Information will be disclosed to third parties about the Gift Card, or transactions made with the Gift Card, whenever allowed by law, required by law, and also where necessary to operate the Gift Card and process transactions. Blackhawk’s privacy policy can be viewed at https://blackhawknetwork.com/au-en/privacy-policy.

21. For details on how you may access and seek correction of any personal information EML holds about you, please refer to EML’s Privacy Policy available at https://www.eml.com.au/privacy/. This contains details on how EML deals with any personal information it collects in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For details on how you may complain about a breach of the Australian Privacy Principles and how EML deals with complaints, please refer to the Privacy Policy. If you would like a copy of the Policy to be sent to you, please contact EML. The contact details for EML are: support@emlpayments.com.au and 1300 739 889.

 

Restaurant Choice Terms and Conditions – Digital eGift Card

The Restaurant Choice™ Gift Card (‘Card’) is issued by Blackhawk Network (Australia) Pty Ltd ABN 84 123 251 703. If you gift the Card to another person, you must tell them that they will be bound by these terms and conditions. New South Wales, Australia law applies to these terms and conditions. By using your Card, you unconditionally submit to the jurisdiction of the courts of NSW.

The Card

1. The Card is a VISA prepaid gift card that can be used to purchase food and beverages at any restaurant, café, bar or fast-food establishment (that falls into a merchant category detailed in Clause 5) within Australia that accepts Visa for payment (an "Accepted Merchant”). The Card cannot be used for cash and cash equivalent transactions at ATM's over the counter at Financial Institutions.

Transactions

2. Each time you use the Card, you authorise us to deduct the amount of the transaction from the balance of funds on the Card. The available balance cannot be exceeded. Where a purchase exceeds the available balance, the excess must be paid using another payment method. The Card cannot be used for direct debit, recurring or instalment payments. Authorisations may be declined at some merchants. Subject to applicable law, we are not liable in any way when authorisation is declined or a transaction otherwise does not proceed, regardless of reason.

3. You are responsible for checking your transaction history and available balance free of charge as set out at www.restaurantchoice.com.au or by calling 1800 767 066

4. The Card is not reloadable and is valid until three years from activation. Any remaining available balance will be forfeited on the expiry date.

5. The Card can be used at the following merchant category groups:

  • Caterers (5811);
  • Eating Places and Restaurants (5812);
  • Drinking Places (Alcoholic Beverages), Drinking Places (Non-Alcoholic Beverages), Bars, Taverns, Cocktail Lounges, Nightclubs and Discoteques (5813);
  • Fast Food Restaurants (5814);
  • Hotels, Motels & Resorts (7011);
  • Amusement Parks, Circuses, Carnivals and Fortune Tellers (7996); and
  • Membership Clubs (Sports, Recreation, Athletic), Country Clubs and Private Gold Courses (7997).

6. For the avoidance of doubt, this Card cannot be used at merchant groups that includes (but is not limited to) the following merchant category groups:

  • Automated Fuel Dispensers (5542);
  • Gambling transactions (7995);
  • Financial Institution–Automated Cash Disbursements (6011);
  • Financial Institution–Manual Cash Disbursements (6010);
  • Financial Institution–Merchandise And Services (6012);
  • Quasi Cash–Merchant (6051);
  • Securities–Brokers and Dealers (6211); and
  • Wire Transfer Money Orders (4829).

7. Details of Card balance are available at www.restaurantchoice.com.au or by calling

1800 767 066.

Disputes, Problems & Troubleshooting

8. For disputed transactions, you should notify Cardholder Services immediately

on 1800 767 066

9. We will handle all complaints according to our internal dispute resolution procedure. Our dispute resolution procedure requires that we seek to resolve your complaint within 21 days, although it is not always possible to do so.

10. The Card is like cash and cannot be replaced if misused, lost, stolen, or damaged. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify Cardholder Services immediately on 1800 767 066 or at www.restaurantchoice.com.au

11.For security reasons, including where we suspect fraud or other illegal activity, we may restrict the number of transactions or amount of transactions you can make with the Card, prevent a transaction, or stop the use of the Card. You cannot stop payment on any transaction made with the Card.

12. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.

13. If you use the Card without presenting it (such as for mail order, telephone or Internet purchases), the legal effect will be the same as if you physically presented the Card.

Privacy

14. Personal information will be used and shared as described in our privacy policy at https://blackhawknetwork.com/au-en/privacy-policy, which is incorporated herein.

Changes to Terms & Conditions

15. We reserve the right to change these Terms and Conditions at any time if we consider it is reasonably necessary to protect our legitimate interests

16. Any changes to the Terms and Conditions can be viewed at www.restaurantchoice.com.au.

Severability & Governing Law

17. If any provision or part of a provision of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the remaining provisions (or parts of provisions) will continue in full force and effect.

18. The laws of the state of New South Wales apply to this agreement. By entering into this agreement, you unconditionally submit to the jurisdiction of the courts of New South Wales.