eGift Card Terms and Conditions


DEFINITIONS

In the Terms and Conditions:

Activate” means the initial loading of value onto a Fresh Collective Gift Card.

Card Balance” means the unspent value of a Gift Card.

Card Number” means the 16-digit number that appears on the back of a Gift Card.

Expiry Date” means the date, being stated on the reverse of the Gift Card, after which, any remaining funds on a Gift Card will not be available for redemption. Gift Cards have a 36 month expiry date after the date of purchase.

Gift Card” is The Fresh Collective eGift Card which is the subject of these Terms and Conditions.

The Fresh Collective” means The Fresh Collective company.

The Fresh Collective Venues” are all hospitality venues owned and operated by The Fresh Collective. The two restaurants included in the Gift Card program are; Crafted by Matt Moran and The Theatre Bar at the End of the Wharf. Full details of which can be found on their websites: craftedbymattmornan.com.au and thetheatrebarattheendofthewharf.com.au

"Square" is the third-party platform that we utilise to provide our Gift Card offering.

Redeem” means to reduce the value loaded on your Gift Card by using the Gift Card to purchase goods or services at The Fresh Collective Venues (Crafted by Matt Moran and The Theatre Bar at the End of the Wharf).

A reference to “we“, “us“, or “our” is a reference to The Fresh Collective. A reference to “you” or “your” is a reference to the person who is taken to agree to these terms and conditions.

1. AGREEING TO THE TERMS AND CONDITIONS

1.1. These Terms and Conditions apply to all The Fresh Collective Gift Cards (“Gift Card”) and may be updated at The Fresh Collective’s discretion from time to time.
1.2. Gift Cards become subject to the Terms and Conditions upon purchase.
1.3. Gift Cards are only able to be redeemed at Crafted by Matt Moran and The Theatre Bar at the End of the Wharf venues.
1.4. It is the purchaser’s responsibility as the purchaser to ensure that the recipient of the Gift Card is aware of the Terms and Conditions that apply to the Gift Card.
1.5. You agree to be bound by these Terms and Conditions by purchasing, activating, using, or attempting to use a Gift Card or by making a transaction enquiry or exercising any right to redeem value loaded on a Fresh Collective Gift Card.
1.6. By purchasing, activating, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to redeem value loaded on a Gift Card, you warrant that you will comply with these terms and conditions and all applicable laws and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
1.7. Your use of the Gift Card at one of The Fresh Collective venues (Crafted by Matt Moran or The Theatre Bar at the End of the Wharf) is subject at all times to the policies (and, where applicable, other terms and conditions) of The Fresh Collective regarding the goods and services made available by it.

2. PURCHASING THE FRESH COLLECTIVE GIFT CARD

2.1. Gift Cards can be purchased online at https://squareup.com/gift/MLDK9AEVF93WT/order

2.2. You may purchase a Gift Card by following the instructions on the Square Gift Card website https://squareup.com/gift/MLDK9AEVF93WT/order. Your Gift Card order (“Order”) will be submitted once you have completed the payment details including your acceptance by activating the “Pay with Card” button. Orders will be deemed to have been received by The Fresh Collective at the time The Fresh Collective sends an order confirmation to your nominated e-mail address.

2.3. A minimum value of $50 and a maximum of $1,000 can be loaded on each Gift Card. For purchases exceeding AUS $1,000 in value, email hello@The Fresh Collective.com.com.au

2.4. The Fresh Collective reserves the right to not accept Orders, including those that request commercial quantities of Gift Cards. If The Fresh Collective is unable to supply your total order it will endeavour to contact you to discuss whether you wish to proceed with the part of the order.

2.5. Payment for online orders can only be made by American Express, Visa or MasterCard.

2.6. Once you click on “Pay with Card”, The Fresh Collective will process payment for your Order via a payment gateway, credit card surcharge and service fees as detailed on the final screen where you indicate your acceptance of this Order (“Total Amount”). By completing the final screen you authorise The Fresh Collective to debit the Total Amount from your nominated charge card or credit card.

2.7. If your nominated payment card is declined by your financial institution, The Fresh Collective will not be required to fulfil the Order, and may at its discretion contact you to make alternative payment and delivery arrangements.

2.8. The Fresh Collective may at any time decide not to accept payment from you by charge card or credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed.

2.9. Gift Cards are only available for e-delivery. We do not provide physical Gift Cards.

2.10. The Fresh Collective will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery or for any incorrect emails provided.

2.11. Subject to payment, property and risk in the Gift Card passes to you upon dispatch of the Gift Card to your nominated delivery address.

2.12. The Fresh Collective reserves the right to cancel any Order at any time, without notice, for any reason.

2.13. Orders that have already been processed cannot be cancelled or refunded.

2.14. You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Purchases may not be processed or may not be accepted for reasons beyond our control. In these circumstances The Fresh Collective accepts no responsibility. The Fresh Collective does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk and The Fresh Collective is not responsible while such information is in transit. For your assistance, the Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au

3.REDEEMING A FRESH COLLECTIVE GIFT CARD

3.1. The Fresh Collective Gift Cards can be used in the venues; Crafted by Matt Moran or The Theatre Bar at the End of the Wharf, both of which are operated by The Fresh Collective.

3.2. When redeeming a Gift Card within Crafted by Matt Moran or The Theatre Bar at the End of the Wharf, both licensed venues, Gift Card holders must be over the age of 18 years. Proof of age must be provided, if requested, with an officially recognised photographic identification document. If proof of age cannot be verified, The Fresh Collective reserves the right to refuse redemption of the Gift Card until appropriate proof of age can be provided showing the Gift Card holder is over the age of 18 years.

3.3. Gift Cards can be redeemed by entering the Gift Card number when prompted at the point of payment in either Crafted by Matt Moran or The Theatre Bar at the End of the Wharf ( both The Fresh Collective operated venues). Your gift card number can be found in your eGift Card email.

3.4. Where the total of the transaction within The Fresh Collective venue exceeds the remaining Gift Card balance, you must pay the amount exceeding the Gift Card balance by an alternative payment method, acceptance of which is at the discretion of The Fresh Collective.

3.5. The Fresh Collective Gift Cards are valid for 36 months from the date of purchase. Our record of your expiry date is final. Once your Gift Card has expired it cannot be re-activated and any unspent value will be forfeited.

3.6. Any balance amount that remains on the Gift Card after expiry will not be available for use, except as required by law.
3.7. Gift Cards are not redeemable for cash in any way, including balance amounts.

3.8. Balance enquiries can be made at any time by viewing the Gift Cards page on https://squareup.com/gift/MLDK9AEVF93WT/check-balance or in any The Fresh Collective venue at the Point Of Sale. The Gift Card number and pin number will be required.

3.9. When redeeming a Gift Card, tips or gratuities may be included within the amount charged to the Gift Card, at the user’s discretion.

3.10. Gift Card holders are not required to use the entire available balance in one transaction. However, no change or refund will be given, and the remaining available balance may be applied to future purchases until The Fresh Collective Gift Card expires or the balance reaches $0.

3.11. Gift Cards cannot be used to purchase additional Gift Cards.

3.12. Gift Cards cannot be topped up with additional credit.

3.13. Gift Cards cannot be used for prepaid bookings.

4. LOST OR STOLEN GIFT CARDS

4.1. You as the purchaser or the Gift Card recipient are liable for all transactions on your The Fresh Collective Gift Card, except to the extent to which there has been a proven fraud or negligence by The Fresh Collective or an employee of The Fresh Collective.

4.2. In the event of reasonably suspected or proven fraudulent and/or improper use of the Gift Card, The Fresh Collective reserves the right to suspend (pending investigation) or cancel any Gift Card without notice.

4.3. The Fresh Collective is not liable for any The Fresh Collective Gift Cards that are on sold through any online auction sites.

5. RELATIONSHIP WITH THE FRESH COLLECTIVE

5.1. Gift Cards maybe used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain prior written approval from The Fresh Collective.

5.2. Use of The Fresh Collective name or associated brands, or any names or logos of any The Fresh Collective venue or entity (other than in connection with the purchases or use of Gift Cards), is strictly prohibited without prior consent of The Fresh Collective.

5.3. For any approval requests for marketing, advertisements, or other promotional activities, please contact The Fresh Collective via email at hello@TheFreshCollective.com.au.

6. PRIVACY COLLECTION NOTICE

6.1. This Notice explains how The Fresh Collective and its affiliates manage your personal information and complaints.

6.2. Upon purchasing a Gift Card, we collect purchasers’ personal information directly from purchasers wherever practicable. We may collect personal information from our related companies or other third parties.

6.3 We use the Gift Card services through the platform 'Square' to provide our eGift Card offering. If you have questions about how they manage your personal information you can check their Privacy Policy here.

6.4. We will use your personal information primarily to provide Gift Cards, confirm and maintain Gift Card, and provide information about the products and services you have requested offered by us. We will also use this information for research to improve our products and services. If you do not provide us with that information, we may be unable to process your Gift Card purchase.

6.5. We may disclose your personal information, including updates, to agents or contractors acting on our behalf and regulatory authorities where required by law.

6.6. By purchasing a Gift Card and providing us with your contact details, a Gift Card purchaser thereby consents, without the requirement for any further act or omission, to the Promoter contacting them for marketing purposes.

7. GENERAL

7.1. Gift Cards are a form of tender to make purchases at Crafted by Matt Moran and The Theatre Bar at the End of the Wharf, The Fresh Collective operated venues.

7.2. If you have any questions regarding Gift Cards, please contact hello@thefreshcollective.com.au

7.3. The purchasing and redeeming of Gift Cards is subject to the laws of New South Wales and any dispute arising under these Conditions of Entry or otherwise in respect of the Gift Cards will be submitted to and determined by the exclusive jurisdiction of the courts of New South Wales.

7.4. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia.

7.5. If you wish to dispute an amount deducted from your The Fresh Collective Gift Card, you must contact The Fresh Collective Head Office via email at hello@TheFreshCollective.com.au. If an amount is not disputed within thirty (30) days after the transaction date, The Fresh Collective may at its sole discretion refuse to provide you with a refund.

7.6. The Fresh Collective encourages consumers to consume alcohol in moderation. Legal aged consumers are advised to consider the ‘low risk drinking’ guidelines recommended in the National Health & Medical Research Council Australian Alcohol Guidelines which states: for healthy men and women, drinking no more than two (2) standard drinks on any day reduces your risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. A full version of the guidelines is available at:

https://www.nhmrc.gov.au/health-advice/alcohol

Participation in the promotion is subject to relevant liquor legislation in each applicable State or Territory, including responsible service of alcohol. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at www.alcohol.gov.au

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