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INTRODUCTION
These Terms and Conditions of Use (Terms) apply to all Gift Cards issued by Scoopon Pty Ltd.
Your purchase, redemption or attempted redemption of a gift card constitutes your acceptance to be bound by these terms and conditions of use and agreement to the privacy policy.
DEFINITIONS
Account means your subscription and account with Scoopon on the Website.
Gift Card(s) means the gift card that you have purchased or received along with the accompanying Gift Card Code.
Gift Card Code means the accompanying redemption code for the Gift Card which is provided at the point of sale following the purchase of the Gift Card.
Remaining Gift Card Value means, at any time, that portion of the initial value of your Gift Card which is unspent and can be accessed as a credit on your Account in accordance with these Terms.
Website means scoopon.com.au
A reference to "we" or "us" is a reference to Scoopon Pty Ltd.
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, or who authorises another person to do something with or to the Gift Card on their behalf.
1. GIFT CARD REDEMPTION AND EXCLUSIONS
1.1. Redemption
Except for the exclusions listed in paragraph 1.2 (Exclusions) below, the Gift Card has a AUD dollar value that can be used as currency towards purchases on the Website.
1.2. Exclusions
The following are the exclusions applicable to the redemption of your Gift Card:
a. The Gift Card is only redeemable to purchase featured packages on the Website up to the value stated.
b. Defaced, mutilated, altered, lost or stolen Gift Card Codes cannot be replaced, refunded or redeemed;
c. The Gift Card and the accompanying Gift Card Codes are not redeemable for cash.
d. The Gift Card and the accompanying Gift Card Codes will expire in 3 years from the date of issue.
e. Cash will not be given or credited for any unused amount.
f. Gift Cards cannot be used to purchase Gift Cards or other forms of payment. Further, Gift Cards cannot be purchased with Scoopon Credit.
g. Gift Cards cannot be used to purchase airfares, insurance or any other ancillary products or services not included in a featured package.
2. HOW TO PURCHASE AND LOAD VALUE ONTO YOUR GIFT CARD
2.1. All Gift Cards
Pay for your Gift Card value using the payment method of your choice (other than a Gift Card).
Gift Card(s) will be activated at the time that a purchase (or part purchase) is made at the checkout on the Website.
2.2. In store Gift Card purchases (AU only)
You may select a Gift Card with a value of AUD $20, $50, $100, $200 or $500, as displayed on the carrier. Present the Gift Card to the point of sale operator and pay for the Gift Card and you will receive a Gift Card Code which can be used to activate your card.
3. USING YOUR GIFT CARD
3.1. Making a purchase with your Gift Card
You must register as a member of Scoopon on the Website before a Gift Card may be redeemed. The transaction will be completed when the balance has reduced on your Gift Card. Please note Gift Cards can only be used on the Australian website.
No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part as a credit in your Account to be used for future purchases until the Remaining Gift Card expires.
You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:
a. Giving us details of the Gift Card and authorising the transaction in some other way approved by us or
b. Entering the Gift Card Code at check-out for online purchases.
When you authorise a transaction:
a. You are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and b. You are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.
3.2. Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.
3.3. Issue with goods or services purchased with a Gift Card
If you have an issue with any goods or services that you purchased with a Gift Card you should contact our Call Centre on 9051 1815.
3.4. No cash advances
Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.
3.5. Checking your Gift Card balance
You will not be sent statements of transactions on a Gift Card. Once you have made a purchase with your Gift Card you can check any Gift Card balance on the Website which will be represented as a credit in your Account provided you have not redeemed the entire value on the Gift Card.
3.6. Can I exchange my Gift Card?
You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another form of payment, cash or discount.
3.7. Can I purchase a Gift Card using a Gift Card?
Gift Cards cannot be used to purchase another Gift Card.
4. EXPIRY, CANCELLATION AND RE-ISSUE OF GIFT CARDS
4.1. Expiry of Gift Cards
Your Gift Card will be valid for use for 3 years from the date of issue, for any purchase on the Website. You should use all of the Remaining Gift Card Value before the expiry date, on the expiry date Gift Cards have no value.
4.2. Cancellation and voiding of Gift Cards
a. Gift Cards cannot be cancelled once they are issued except if voided by Luxury Escapes, if their value is used or if they expire.
b. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way.
c. We reserve the right to cancel any Gift Card, or the Gift Card program, without notice, if reasonably necessary. In such instances (except those set out in paragraph b) we will elect to provide a refund or a replacement Gift Card.
d. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
e. We reserve the right to cancel any bookings made with a Gift Card that has been deemed to have been purchased with fraudulent funds.
4.3. Re-issue of faulty or damaged Gift Cards
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors.
5. LOST OR STOLEN GIFT CARDS
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.
6. YOUR RESPONSIBILITY AND PROTECTING YOUR GIFT CARD CODE
You are responsible for the use and safety of your Gift Card including the confidentiality of the card number and the Gift Card Code. You are liable for all transactions on your Gift Card including those which have occurred due to disclosure of your Gift Card Code, except to the extent to which there has been fraud or negligence by us.
7. CHANGES TO THE TERMS
We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is reasonably required and agree to provide you with at least 30 days’ notice of such changes. We will give you notice by posting the revised Terms on the Website.
8. PRIVACY AND CONFIDENTIALITY
Our Privacy Policy explains how we handle the personal information that we may collect from you with respect to Gift Cards. A copy of the Luxury Escapes Privacy Policy is available on the Website
9. LIMITATION OF LIABILITY
You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card.
10. APPLICABLE LAW
These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia.