Application of Terms and Conditions
- These Terms and Conditions apply to the issue and use of Gift Cards at the Golf Club.
- They are not intended to vary or modify any other rule or contract applicable to the Golf Club but to the extent of any inconsistency between these rules and any other rules of the Golf Club, these rules will apply.
Rules regarding Gift Card Use
Restrictions on Use
- Gift Cards are not redeemable for cash and can only be used by a Holder in the Golf Shop for rounds of golf or purchasing any item in the Golf Shop sold by the Manager.
- Gift Cards cannot be used to purchase:
- (i) golf lessons;
- (ii) food and beverages sold by an operator that is not the Manager (e.g. food and beverages sold at the Club house restaurant and bar);
- (iii) to purchase another Gift Card;
- (iv) any function or corporate day run by the Manager (or any other person from the Club);
- (v) any membership fee, charge or payment.
- There is no limit on the number of times a particular Gift Card may be used until the balance on the Gift Card is expired.
- Gift Cards cannot be used over the phone or online.
Activation of a Gift Card
- Gift Cards may only be purchased from the Manager.
- Gift Cards will be activated by the Manager and capable of use on the date that they are purchased. Only the Manager may activate a Gift Card.
- The Holder agrees to be bound by these terms and conditions from the date that they become a Holder of the Gift Card.
Use of Gift Card
- Only the Balance of the Gift Card can be used to make authorised purchases by the Holder.
- Should a Holder wish to purchase an item or play golf by using a Gift Card for a total that is more than the Balance, the difference between the current Balance and the cost of the items/golf being purchased must be paid for by the Holder at the time of purchase.
- Should a Holder wish to purchase an item or play golf by using a Gift Card for a total that is less than the Balance, the Balance will be reduced by that total purchase amount.
- The Balance of a Gift Card cannot be “topped up” (i.e additional funds cannot be added to a Gift Card). Once the Balance of the Gift Card is zero, the Gift Card will no longer be able to be used.
- The physical Gift Card must be presented for use by the Holder when the Balance is being used.
- Gift Cards are not personal to any particular person and may be used by any Holder of the Gift Card. The Manager will not be liable for the misuse of a Gift Card by any person.
- A person who wishes to use a Gift Card must provide evidence to the reasonable satisfaction of the Manager that the person is the Holder. If the person is unable to provide evidence to reasonable satisfaction of the Manager that the person is the Holder, the Manager will have no obligation to that person in respect of the Gift Card unless and until that person provides that evidence to the reasonable satisfaction of the Manager that they are the Holder.
- The Balance of a Gift Card can be checked by the Holder by requesting a balance from the Manager by a representative at the Golf Shop.
- The expiry date of a Gift Card will be recorded on the Gift Card itself, unless that expiry date is earlier than 3 years from the date that the Gift Card was purchased in which instance the expiry date will be 3 years from the date that the Gift Card was purchased.
- If no expiry date is recorded on the Gift Card itself, the expiry date will be 3 years from the date that the Gift Card was purchased.
- A Gift Card must be used by the expiry date expressly noted on the Gift Card. After that date, the Gift Card will become invalid and the balance remaining on the Gift Card will be forfeited to the Manager.
- On the expiry date:
- the obligations of the Manager in respect of that Gift Card are forever discharged, released, extinguished and no longer capable of being enforced; and
- the Manager will have no further obligations in respect of that Gift Card; and
- any unused Balance remaining on that Gift Card will not be able to be utilised by the holder of the Gift Card or anyone else.
Lost and Destroyed Cards
- A Holder is responsible for the safety of a Gift Card and a lost, stolen, altered or defaced Gift Card will not be reissued, refunded or honored (or the Balance refunded).
- To the extent permitted by law (and subject to the other provisions of these terms and conditions), a Gift Card will not be reissued by the Manager unless:
- the Holder proves to the reasonable satisfaction of the Manager that the Gift Card is faulty or damaged due to the fault of the Manager;
- the Manager has acted in breach of any condition or warranty under applicable laws.
- Holders of Gift Cards must not on-sell or transfer Gift Cards or otherwise seek to profit from the use, transfer or otherwise of Gift Cards, except where the Gift Cards are genuinely gifted to another person as a gift (at which time those other persons will become the new Holder).
- Balances will be in Australian Dollars only.
- The laws of Queensland apply to these terms and conditions and the use of any Gift Card.
- If a Gift Card is altered, defaced or used in some fraudulent or illegal manner, the Balance will automatically be reduced to zero and be incapable of use by the Holder.
- Gift Cards comes with statutory Consumer Guarantees that cannot be excluded under the Australian Consumer Law. If a Gift Card suffers a Major Failure the Holder is entitled to a replacement or refund of the Gift Card for that Major Failure and claim compensation for any other reasonably foreseeable loss or damage suffered as a result of that Major Failure. The Holder is also entitled to have the Gift Card repaired or replaced if the Gift Card fails to be of acceptable quality and the failure does not amount to a Major Failure.
- To the extent permitted by law, the Manager is not liable to any person for any loss or damage (including direct, indirect or consequential loss) arising out of any use or attempted use of a Gift Card. The Manager will not be in default of these terms and conditions for failure to observe or perform any obligations under these terms and conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. Nothing in these terms and conditions is intended to exclude or modify any non-excludable statutory rights under the Australian Consumer Law or any other applicable laws.
- Complaints about Gift Cards must be directed to the Manager via a staff at the Golf Shop or may be sent to the Manager by post at: 1 Tournament Drive, Brookwater QLD 4300.
Words used in these Terms and Conditions have these meanings, unless their context specifies otherwise:
- Australian Consumer Law means the law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- Balance means the value of the Gift Card at any point in time. The Balance of the Gift Card when it is issued is the amount paid to purchase the Gift Card by the purchaser of the Gift Card. The ongoing Balance of the Gift Card is the initial purchase amount less any subsequent purchases made by the holder of the Gift Card from the initial issuing of the Gift Card.
- Consumer Guarantees means the consumer guarantees contained in the Australian Consumer Law and Consumer Guarantee mean any one of them.
- Gift Card means a physical card purchased from the Manager and issued by the Manager with a Balance which may be used for certain purchases from the Manager as set out in these terms and conditions.
- Golf Course means the 18-hole Greg Norman designed golf course located at 1 Tournament Drive, Brookwater, Queensland.
- Golf Shop means the shop located in the club house of the Club Facilities managed by the Manager where merchandise and equipment are sold and bookings are managed.
- Holder means, in respect of a Gift Card, the person who is the owner of the bundle of rights attaching to a particular Gift Card free from all encumbrances.
- Major Failure has the meaning given to that term in the Australian Consumer Law.
- Manager means Brookwater Golf Operations Pty Ltd (ABN 63 094 878 243), its successors or assigns to the management of the Golf Course and Club Facilities and includes any of their authorised employees or agents, where the context permits.
- Rules and Regulations means the rules and regulations of the Manager relating to the use of the Golf Course and associated facilities which are published by the Manager on its website from time to time.