SRG Leisure Retail PTY LTD
ONLINE TERMS AND CONDITIONS
Table of Contents:
- Intellectual Property
- Compliance with these Terms and Conditions
- Changes to these Terms and Conditions
- Placing an Order for Products
- Acceptance or Rejection of an Order
- Cancelling an Order by Us
- Cancelling an Order by You
- Delivery of Products
- Prices, Fees and Charges
- Your Obligations
- Warranty and Liability
- Termination and/or Suspension of Account
- Do-It-Yourself and How-To Content
- General Provisions
- This website at www.bcf.com.au (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from SRG Leisure Retail Pty Ltd A.B.N. 51 110 667 411 (“BCF”, “us” or “we”).
- Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
- Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
- The information contained in this Site is provided in good faith on an "as is" basis. BCF does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, BCF is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, BCF will endeavour to correct any inaccuracies on the Site once BCF becomes aware of them.
- Illustrations and photos contained in this Site are sample representation of the Products advertised, and variations may occur from time to time and from store to store.
The Site may contain links to external websites that are not operated by us or our related corporate bodies. BCF does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
- we make no representations or warranties, or have any responsibility or liability for those websites;
- these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and
- you access and use the products and services made available at those sites solely at your own risk.
4. Intellectual Property
- acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
- must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
- You may:
- store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
- print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
- This Site contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related corporate bodies without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
- BCF does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
- You are responsible for scanning any information for viruses.
- You agree that BCF has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
- If BCF is found to be liable this will be limited to the cost of supplying the information again.
6. Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
- using the Site;
- completing your registration through the Site; and/or
- obtaining or ordering Products from us using the Site.
7. Changes to these Terms and Conditions
- If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
- Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
- You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
- If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
9. Placing an Order for Products
- You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
- Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
- You agree to provide us with current, complete and accurate details when asked to do so by the Site.
10. Acceptance or Rejection of an Order
- We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
- Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
- If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
11. Cancelling an Order by Us
- Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
- the requested Products in that order are not available; or
- there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
- that order has been placed in breach of these terms and conditions.
- If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
12. Cancelling an Order by You
- Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.
- If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
13. Delivery of Products
Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, product size and location.
14. Prices, Fees and Charges
- The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, BCF reserves the right to change prices at any time before we accept an order from you.
- All prices shown on this Site are in Australian Dollars (AUD).
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each Product that is ordered;
- the delivery fee for delivering the Products to you; and
- any other fees and charges set out in these terms and conditions.
- All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
- The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product.
- You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our store or vice versa.
- Delivery Fees:
- Delivery fees are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
- If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel, a card will be left and the parcel will be re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
- BCF currently ships orders to Australian addresses only.
- You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
- special, non-stock and/or bespoke items;
- heavy, bulky and/or awkward items;
- express or urgent deliveries; or
- large quantity orders.
15. Your Obligations
You agree and warrant that:
- all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- the person receiving the Products at the Delivery Address is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
- you will ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
- you will promptly notify us if you are or become aware that there is or has been unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
- you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
- you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
- you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
- you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site;
- you will check the labels on the Products before consumption or use; and
- you will not:
- use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- create accounts by automated means or under false or fraudulent pretences;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Site other than in accordance with these terms and conditions; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
16. Warranty and Liability
- BCF accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts - or equivalent legislation - in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
- in the case of services, resupply of the services or pay you the cost of resupply; and
- in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
- Where we are permitted by law (and subject to clause 16.1):
- we do not warrant or represent the suitability of the Site or a Product for any purpose; and
- we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Unless you notify BCF to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by BCF, the Products shall be deemed to have been accepted by you.
- BCF will accept product returns and provide you with (at BCF’s discretion) a replacement for the Product (subject to availability) an exchange voucher, refund or repair where:
- The Product delivered is faulty or is not of merchantable quality, or
- The Product delivered is not fit for its intended purpose, or
- The Product delivered does not match the description on the Site.
- If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact us on 1300 175 010 or email firstname.lastname@example.org and one of our Customer Service Team will assist with your request. To enable us to evaluate your return request, please provide us with:
- the Order number, invoice number or receipt number;
- a detailed description of the problem or the reason for your request to return the Product;
- photograph(s) of product that is damaged during transportation (if it's required we will advise you which email address to send it to);
- your name and contact details.
- We will evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.
18. Termination and/or Suspension of Account
- We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions and:
- the breach cannot be remedied; or
- you fail to remedy the breach within 10 days of our notice to you of that breach; or
- if there is an emergency.
- You may stop using the Site at any time and for any reason.
- We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
19. Do-It-Yourself and How-To Content
- You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
- You agree not to attempt to replicate any activities shown on this Site unless you have:
- checked the service information and specification for the specific Product, vehicle or system that you are using or working on, as the correct method may be different to any generic example shown in this Site;
- obtained advice from the relevant qualified experts, tradespeople and/or professionals;
- complied with all applicable laws, regulations and by-laws; and
- employed safe practices for carrying out the activities.
- The film and text transcript in this website are intended to be an information source only. SRG Leisure Retail Pty Ltd makes no statements, representations or warranties about the accuracy or completeness of the films.
- Subject to applicable laws, SRG Leisure Retail Pty Ltd does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
- The films in this website may be used or reproduced in whole for non-commercial and/or personal use provided that any reproduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.
20. General Provisions
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
- Capitalised terms used are defined in these terms and conditions. In these terms:
- “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
- “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
- “LoginID” means the email address that you provided to us as part of the registration process to use the Site.
- “Product’ means each good or service that is advertised on the Site.
Club BCF Membership
Terms and Conditions
- In these Terms and Conditions:
- "Card" means a membership card issued pursuant to this Program;
- "Club Voucher" means the electronic voucher applied to a Member's Membership account by BCF which can be redeemed by the Member as payment for purchase with BCF in accordance with these Terms and Conditions;
- "Member" means an individual who is an Australian resident whose application to take part in the Program is accepted and approved in writing by BCF;
- "Membership" means membership in this Program.
- "Program" means the BCF program operated pursuant to these Terms and Conditions by BCF;
- "BCF" means SRG Leisure Retail Pty Ltd A.C.N. 110 667 411 of 751 Gympie Road, Lawnton, Queensland, Australia,
- "Website" means www.bcf.com.au or other websites as notified by BCF from time to time.
- “BCF Contact Point” means the BCF Customer Care Centre, telephone 1300 880 764 (within Australia), located at 751 Gympie Road, Lawnton, QLD, 4501, Australia.
- By joining or using the Program, each Member accepts and agrees to be bound by these Terms and Conditions and any variations made from time to time to these Terms and Conditions by BCF.
- BCF may change these Terms and Conditions at any time by publishing the amended terms on the Website or otherwise notifying the Member of the change. The amended Terms and Conditions are effective in 91 days from the date they are notified to the Member. It is the Member’s responsibility to check the Website and their emails for changes from time to time and before using the card.
- Notwithstanding any other provision in these Terms and Conditions, BCF may terminate, suspend, deactivate and/or archive your membership if you have not transacted with or used your card for any 24 month period. BCF do not warrant that your Membership details will be kept and/or can be retrieved in the event that your Membership is terminated, suspended, deactivated and/or archived pursuant to this clause. However, you may be eligible to reapply for a new membership, subject to the Terms and Conditions of the Program at the applicable time.
- BCF gives no warranty as to the continuing availability of the Program or the associated Loyalty Credits. BCF may, in its absolute discretion, at any time cancel or suspend the Program in whole (or in part) upon reasonable notice of not less than 91 days to the Member.
- Membership in the Program is only open to individuals who reside in Australia and is subject to acceptance and approval of application by BCF. Memberships are only established on receipt, acceptance and approval of original application of the Member by BCF. BCF may refuse any application at its absolute discretion.
- Each card shall remain the property of BCF. The card is not a credit or a payment card. The card can only be used in BCF stores in Australia and on the Website only. Any lost card may at the discretion of BCF be replaced. A Member must notify us immediately if their card is stolen or lost. BCF is not liable for any delay in replacing a card.
- The Member is responsible for the safe keeping of their card, and BCF will not be liable for any unauthorised use of a card. The Member shall be responsible and liable for any use of the card by anyone other than that Member. The Member will be responsible to contact the BCF Contact Point if they discover any unauthorised activity.
- The Member’s card can only be used by the Member and is not transferable. The Member’s card can only be used on presentation to BCF and must be accompanied with adequate personal identification as determined by BCF (at its sole discretion).
- BCF shall determine the Membership entitlements at its sole discretion which may include (without limitation) communication from BCF, information in relation to the Program, the Loyalty Credit Program, receipt-free warranty, exclusive Rewards Member competitions, regular email updates including catalogue previews and special promotional offers at BCF stores. Notwithstanding the forgoing, nothing shall prevent BCF (at its sole discretion) offering promotional offers to individuals who are not Members, changing the terms of the membership entitlements, adding membership entitlements, and removing any membership entitlements.
- BCF reserves the right to exclude certain products and services from the Program. These products and services include but are not limited to "Round Up" Donations, charitable products such as "Red Nose Day", Handling and Gift Cards.
- Membership is considered activated once the Member's profile has been fully completed online. Members will receive notification of this activation via email (if a validated email address has been provided).
- Each Member Account includes a Club Voucher Account Balance, defaulting to $0.00 upon sign up. BCF will from time to time choose to add a Club Voucher to a Member Account, valued at the discretion of BCF. Each issued Club Voucher has an expiry date which, once reached, will cause the value of the Club Voucher to be removed from the Club Voucher Account Balance. When a member is transacting with BCF, vouchers can be redeemed in BCF stores and on the BCF Website at a value of AUD$1 for each $1 of the Club Voucher Account Balance. Email notifications will be provided when Club Vouchers are added to a Members' Account and when they are due to expire.
- To spend a Club Voucher, a Member must scan their Card at a BCF store before making their purchase, or be logged into their Membership account on the Website before completing an online purchase.
- The redemption and/or use of the Club Vouchers is subject to the following conditions:
- Each Club Voucher will have an expiry date applied to it, after which the Club Voucher will be removed from the Member Account Club Voucher Balance. The removed Club Voucher is not able to be used during BCF transactions.
- Multiple Club Vouchers, each with unique expiry dates, can be applied to a Member Account. The full Club Voucher Balance of a Member Account is the sum of all current (non-expired) Club Vouchers.
- The Member can review their Club Voucher balance at any time by simply logging into their BCF member page on the Website or asking a BCF team member in-store.
- Club Vouchers are not redeemable for cash or exchanged for any other type of credits offered by BCF. Club Vouchers cannot be used to purchase Gift Cards or lay-bys.
- The BCF returns policy will apply in relation to the return of products purchased using Club Vouchers.
- The BCF returns policy found on the Returns & Refunds page will apply in relation to the return of products purchased using Loyalty Credits.
- Products can be purchased completely by just using Club Vouchers (if the Member has sufficient Club Vouchers balance in the Member's account), however should a Member want to return (in accordance with BCF returns policy) any Product purchased wholly via the redemption of Club Vouchers, then the Member will simply have the Club Vouchers refunded into the Member's account. No cash will be refunded by BCF.
- If a product is being returned after a purchase which was paid for by a combination of a cash and Club Vouchers, then the Member will receive the refund in the same combination and proportion. For example, a Member bought a fishing rod using AUD$25 cash and a $25 Club Voucher, the refund would be issued as AUD$25 cash and a $25 Club Voucher back onto Membership account.
- The Member hereby irrevocably holds harmless BCF, its related corporate bodies, employees, directors, suppliers and agencies from all claims, suits, demands, actions, proceedings which the Member has or in the future may have against BCF, its related corporate bodies, employees, directors, suppliers and agencies, and shall indemnify and release BCF, its related corporate bodies, employees, suppliers, directors, related companies and agencies from all and any claims for damages or otherwise in the terms of, and arising out of this Program to the full extent permitted by law or unless the liability arises due to the wilful default and/or negligence of BCF. The term "related corporate bodies" has the meaning given to the term "related company" by the Corporations Act 2001 (Cth).
- To the extent permitted by law, BCF will not be liable for any delays, disruptions, omissions or errors in the operation of the Program including technical or mechanical malfunctions, and will not be liable for any loss caused by any such delays, disruptions, omissions or errors.
- To the extent permitted by law, BCF, its related corporate bodies, employees, directors, suppliers and agencies is not liable for any loss or damage suffered by Members resulting from such withdrawals, cancellations, variations or change permitted under these Terms and Conditions.
- Where BCF is required to notify the Member of a particular matter (including without limitation, any change to these Terms and Conditions, suspension and termination of the Program, any change to the Membership entitlements) pursuant to these Terms and Conditions, BCF will notify the Member by email in the first instance (if a validated email address is provided) or by post (if a valid address is provided but no validated email address has been provided). Where a Member has not provided a validated email address or valid postal address, then BCF is deemed to have notified the Member if the notification is published on the Website and the notification is posted on the Member's Membership account.
- Without in any way limiting the rights of BCF available in these Terms and Conditions and/or under law, if a Member is in breach of these Terms and Conditions and/or acted fraudulently, at any time, then BCF may cancel the Member's Membership with the Program and any Member whose Membership is cancelled may no longer access Member promotional offers, the Club Vouchers, or any other related benefits.
BCF GIFT CARD
TERMS AND CONDITIONS
The Gift Card Terms and Conditions set out all the conditions applicable to the use of our Gift Cards. You will need to familiarise yourself with the Terms and Conditions before you place an order.
- Document Definitions
- Accepting the Gift Card
- Transactions made using the Gift Card
- Lost or stolen Gift Cards
- Your Gift Card, your responsibility
- Changes to Terms and Conditions
- Privacy and Confidentiality
- Errors and Complaints
- Force Majeure
- Applicable Law
1. Document Definitions:
- "Access PIN" means the 4-digit Access PIN printed on the back of the Gift Card;
- "Card Number" means the 19-digit number that appears on the back of your Gift Card;
- "Gift Card" means the Gift Card that you have purchased from us for use in our store or on our website;
- "Remaining Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms and Conditions;
- "we", "us" or "our" means a reference to "SRG Leisure Retail Pty Ltd A.B.N. 51 110 667 411 ";
- "you" or "your" means a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.
2. Accepting the Gift Card
and agreeing to these Terms and Conditions:
- By purchasing, redeeming or attempting to redeem a Gift Card, you:
- accept and agree to be bound by these Terms and Conditions; and
3. Transactions made using the Gift Card
How and where you can use the Gift Card:
- Purchases with your Gift Card:
Goods may be purchased from our store or on our website by selecting the goods and taking them to the point of sale operator in our stores or on our website. When making an in-store purchase, the operator will request the Gift Card to be swiped in the pin pad, and for the Gift Card serial number and Access PIN to be entered into the pin pad. When making an online purchase, instructions will be provided on our website for the Gift card serial number and the the Access PIN to be entered to complete the purchase. The transaction will be completed when the balance has reduced on the Gift Card. No change will be given - any remaining balance on the Gift Card (“Remaining Card Value”) can only be used in whole or part against future purchases subject to these Terms and Conditions.
- You acknowledge that the Gift Card may not be used:
- to pay a store or credit account;
- to purchase goods or services that we are not permitted to supply to you by law in the location of sale (for example, sale of weapons, knives etc) - please observe the available signage or ask a store manager for any sale restrictions which apply;
- to purchase goods or services that are not permitted to be supplied to you under our company policy in the location the sale is to take place (for example spray paint will not be sold to persons under 18 and these sale restriction policies vary between stores) - please observe the available signage or ask a store manager for any sale restrictions which apply; and
- for purchases by email, phone or fax.
- The Gift Cards that are purchased directly from the BCF website in the same transaction will be pre-loaded and activated at the same time/concurrently.
- You agree that we will reduce the Remaining Card Value by the value of all purchases of goods and services that are processed against the Gift Card.
- Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.
- You cannot obtain any cash advance with your Gift Card or redeem your Gift Card for cash.
- Validity and expiry of Gift Cards:
- Gift Cards purchased as and from 11 October 2018, will have no expiry date. Gift Cards purchased before 11 October 2018, will be valid for use for three (3) years (36 months) from the date of issue. Any balance that remains on a Gift Card purchased prior to 11 October 2018 will not be available for use after the expiry date. Excludes Ultimate Cards and Promotional Gift Cards.
- To check the expiry date of your Gift Card, call 1300 880 764 (within Australia). You must convey the 19 digit Gift Card serial number and the Access PIN to our call centre operator. For balance enquiries online, you will be required to enter both the Gift Card serial number and Access PIN on the designated page of our website prior to getting access to the card information.
- Re-issue of faulty or damaged Gift Cards: The Gift Cards shall not be replaced by BCF unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of SRG Leisure Retail Pty Ltd, its employees, agents or contractors.
- Destruction of Gift Card with no value: Once the Remaining Card Value is completely used, please destroy your card by cutting it in half diagonally. Your Gift Card cannot be reloaded.
4. Lost or stolen Gift Cards:
- Please treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.
- Can I exchange my Gift Card? You cannot exchange your Gift Card for a different brand, denomination or type of Gift Card or for another tender, cash or discount.
5. Your Gift Card, your responsibility:
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.
6. Changes to Terms and Conditions:
- To the extent permitted by law, we reserve the right to change any of the terms contained in these Terms and Conditions at any time, including without limitation changes:
- to add or remove participating retailers and/or where the Gift Card may be redeemed;
- to add or remove goods or services which may be purchased with the Gift Card;
- for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
- to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
- where we, acting reasonably, consider that it will not be to your detriment.
- If you are unsure and require help with our terms and conditions, please contact our Customer Care Centre on 1800 641 867 (within Australia).
- Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to us.
- We claim no ownership rights in any photographs and materials you submit to us. You grant to us and to our third party service providers, a perpetual, worldwide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, and distribute your photographs and materials for the purpose of allowing us to provide you with the Gift Card you have requested.
- You warrant that you will not make any claim against us or our third party service suppliers, for any use, publication or copying of the photographs and materials you have submitted to us and you waive all rights of action or other claims you may have now or in the future against us in respect of any such use, publication or copying.
- Your Infringement of Copyright:
- We respect the intellectual property rights of others. If we receive a complaint alleging that you have infringed copyright, we will refer the complaint to you for resolution. It will be your responsibility to resolve any such complaint. Should you not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date we refer the complaint to you (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend your Gift Card and/or your order (“Order”) for the Gift Card until such time as the complaint is resolved. If you do not notify us within thirty (30) days of the referral date that the complaint has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate your order and/or permanently suspend your Gift Card.
- If any person makes any claim against us or our third party service suppliers, claiming that any of the photographs and materials you submit to us, or any use of them, infringes any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our third party service providers against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.
8. Privacy and Confidentiality:
9. Errors and Complaints:
- Gift Cards:
If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 1300 880 764 (within Australia).
- Goods or services:
Subject to the law, any complaints about goods or services purchased with a Gift Card must be resolved directly with the store concerned.
10. Force Majeure:
To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms and Conditions, for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
11. Applicable Law:
These Terms and Conditions are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute arising from your receipt or use of a Gift Card is exclusively subject to the jurisdiction of the courts of Queensland, Australia (including the Federal Court of Australia, Queensland Registry).