Enchilada's Gift & Reward Card (G&RC)
GIFT CARD TERMS AND CONDITIONS.
By purchasing a (G&RC) you are agreeing to the terms conditions set out below. In particular the following conditions apply:
1. These terms and conditions apply to Enchilada's ABN 75 085 686 406 63 Landsborough Avenue , Scarborough . QLD, 4020 Australia; and By purchasing, activating, using or attempting to use a Enchilada's (G&RC), or by making a transaction enquiry or exercising any right to redeem value loaded on a (G&RC), you warrant to us that you will comply with these terms and conditions and all applicable laws and that the (G&RC) will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
2. A minimum of $10 and a maximum of $500 not including GST can be loaded on each (G&RC). At our absolute discretion, we may change the minimum and maximum amounts that can be loaded on (G&RC).
3. If you are giving a (G&RC) to another person, you should ensure that he or she is aware of the terms and conditions that apply to the (G&RC) and the relevant Expiry Date of the (G&RC).
4. (G&RC) will not be accepted if the card number is invalid, has not been activated, or cannot be found in the Enchilada's system.
5. To activate and register your (G&RC), go to www.enchiladas.com.au to register your (G&RC). Fill-in the registration form. Upon completion of the registration forms, you will receive two (2) emails. The first email will be a reminder email for both your password and email address that you have used, and the second email will ask you to verify your account. Once you have clicked to verify your account you will be taken to www.enchiladas.com.au .
6. Check the expiry date on your (G&RC) as soon as you receive it. This will be at least 12 months from the date of purchase. You should use all of the value of the (G&RC) before the expiry date. Unused value will not be refunded and will become the property of the participating Merchant. Your (G&RC) expires on the date listed on the back of the card. After the (G&RC) has expired, it is no longer valid. All transactions will be declined .
7. The (G&RC) cannot be redeemed for cash and it cannot be used to withdraw cash.
8. The bearer of the (G&RC) may use the (G&RC) to make purchases of goods and/or services from Enchilada's.
9. Enchilada's are obliged to accept payment in relation to the (G&RC) only when it is used to make a purchase and there is sufficient unused value to make that purchase.
10. (G&RC)s are not legal tender, account cards, credit or debit cards or securities. They are not re-loadable.
11. Where the cost of the purchases exceeds the available card balance, the cardholder will be required to make up the difference between the purchase price and the (G&RC) balance.
12. You should hold your (G&RC) securely , as any person holding the (G&RC) may be able to use its value to make purchases.
13. If your (G&RC) is lost or stolen , you should immediately call 07 38633666 to report the loss. We may be able to stop the (G&RC) value from being used in transactions. You will need to tell us information from the original receipt such as the card number, original balance and expiry date as well as recent transaction history.
14. Enchilada's are not liable to you for any loss or damage (whether direct, indirect, consequential or special) 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 (G&RC), these Terms and Conditions or your use of the Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website. 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.
15. If the (G&RC) is, or becomes, faulty or has been lost or stolen, you may obtain a replacement (G&RC) from the Merchant you purchased the (G&RC). Replacement of lost or stolen (G&RC)s will only be made upon presentation of the original receipt and advice of the reference number (which is located on the back left hand side of the (G&RC)). Please note the reference number separately to your receipt. The replacement (G&RC) will be of the same value as the unused value remaining on the faulty, lost or stolen (G&RC) at the time of replacement. The expiry date for the replacement card will remain the same as for the original (G&RC). A (G&RC) will not be replaced after its expiry date. A card replacement fee of $5.00 inc GST will be charged. However, we have no obligation to replace or refund value for lost, stolen or damaged (G&RC)s.
16 (G&RC)s will be void and will not be redeemable if they are defaced, mutilated, altered or tampered with in any way. Enchilada's may subject (G&RC)s to verification and security checks in its absolute discretion.
17. If you think there has been a mistaken transaction involving your (G&RC) (for example where too much has been deducted from the value of the (G&RC)), you should contact the store where the mistaken transaction was made.
18. If you think there has been an unauthorised transaction involving your (G&RC), call 07 38633666 as soon as possible or call in store.
19. You have certain rights under trade practices law which cannot be excluded. Except for those rights, any conditions or warranties implied by Commonwealth, State, Territory or other laws are excluded from these conditions of use. To the extent permitted by law, Enchilada's liability is limited to replacing faulty (G&RC)s.
20. If you are not satisfied with the (G&RC) services provided by Enchilada's, you should tell us about your complaint by calling 07 38633666, or by providing details through our website www.enchiladas.com.au . We will try to respond to your dispute within 14 business days.
21 . You can check the balance and expiry date of your (G&RC) online at www.enchiladas.com.au , by calling 07 38633666 or instore.
22. The bearer of a (G&RC) may not consolidate the balances of several (G&RC)s onto a new (G&RC).
23. Enchilada's reserves the right to cancel any (G&RC), or the (G&RC) scheme, for any reason at any time without notice. In these circumstances Enchilada's may either provide a refund or a replacement (G&RC) of equivalent value unless it reasonably suspects fraud in relation to a (G&RC).
24. The (G&RC) remains the property of Enchilada's Changes in the Conditions
Enchilada's may vary these Terms and Conditions from time to time (including to introduce new fees) by publishing on www.enchiladas.com.au and displaying notice of the change at each place that (G&RC)s are sold. A copy of the latest version of these Terms and Conditions is available from www.enchiladas.com.au .
No Warranty of Availability or Uninterrupted Use/Limitation if Liability
At times, the (G&RC) service may be unavailable, and you may be unable to use your (G&RC) or obtain information about Available Funds on your (G&RC). Please notify us if you have any problems using your (G&RC). You agree that Enchilada's is not responsible for interruption of services. IN NO EVENT WILL ENCHILADA'S BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT. These limitations of liability will apply regardless of the form of action, whether in contract, warranty, strict liability, or tort, including negligence of any kind, whether active or passive, and will survive failure of any exclusive remedy.
Data Protection and Privacy
Information we collect (“Card holders Information”):
* Information about purchases made with the (G&RC), such as date of purchase, amount and place of purchase.
* Information you provide to us for replacement (G&RC)s or customer service issues, such as name, address, phone numbers.
Information Security: Only those persons who need it to perform their job responsibilities are authorised to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
Disclosure: We may use Cardholder Information to provide customer services, to process claims for lost or stolen (G&RC)s, to develop marketing , to help protect against fraud and to conduct research and analysis, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us.