Membership & Eligibility
The GB Rewards Loyalty Program (“Program”) is a Vouchers program offered by SJZ Investments Pty Ltd trading as Gourmet Basket (“Gourmet Basket”) to customers resident in Australia. Membership to the Program (“Membership”) is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Gourmet Basket and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of Australia to be eligible for Membership. By submitting an application for Membership in the Program, you agree to be bound by these terms and conditions (“Terms”). A purchase is necessary to become a member. Affiliates of Gourmet Basket may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other Gourmet Basket affiliate.
Earning and Redeeming Program Vouchers
Under the Program, you earn one (1) Loyalty point (“point”) at the rate specified on www.xxxx (the “Program Website”) when you purchase merchandise (excluding the purchase of e-gift cards, gift cards and shipping costs) online at www.gourmetbasket.com.au. You must be logged-in with your account for points to accrue and points may take up to xxx hours to be shown in your account.Points may be redeemed for Vouchers which may be used towards purchasing Gourmet Basket products (“Vouchers”) subject to these Terms and further details set out on the Program Website. Vouchers cannot be used to purchase gift cards. Further details of the Vouchers available and how to redeem these Vouchers are on the Program Website, including any limits or conditions on redeeming Vouchers.Subject to the termination provision of these Terms, points expire after 24 months of inactivity. Points may be redeemed for Vouchers to be determined by Gourmet Basket in its sole discretion; provided, however, that in order to redeem your points for any Voucher, you must (i) accumulate a minimum number of points as established by Gourmet Basket, and (ii) make an additional purchase of merchandise from Gourmet Basket at the time that you redeem your Voucher. Point balances may be checked by xxx. Program members are able to redeem no more than one Voucher per transaction. Program members cannot redeem more than five Vouchers per year. Points have no cash value and can only be redeemed for Vouchers. Gourmet Basket may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.Vouchers are available with point redemption while supplies last and substitutions by Gourmet Basket may occur. If your online order is not completed during the same visit, the Vouchers will be removed from your shopping basket and may no longer be available. You are not required to redeem a Voucher during checkout.
Agreeing to Gourmet Basket’s Privacy Policy & Email
Gourmet Basket values your privacy. Our collection of your personal information and how we use it is governed by Gourmet Basket’s Privacy Policy in compliance with the Australian Privacy Principles. Details from your application for Membership (including personal information) will be collected and used for the purposes of administering the Program (which may include disclosure to third parties for the purpose of processing and administering the Program who may be located in countries as set out in Gourmet Basket’s Privacy Policy) and for marketing and data analysis purposes.
By submitting an application for Membership in the Program, you agree to be bound by Gourmet Basket’s Privacy Policy, these Terms and online Terms of Use, and to receive marketing materials and other communications from Gourmet Basket (if so agreed in your registration form). If you do not wish to receive these communications, you can request that they be discontinued by sending an email to service@Gourmetbasket.com.au. If we do not collect your personal information you will not be able to become a member of the Program. Additional personal information collected from members, such as purchase history and credit card information, will only be used and disclosed by Gourmet Basket for the purposes of administering the Program, internal analysis for marketing purposes, and as otherwise permitted by Gourmet Basket’s Privacy Policy. Gourmet Basket’s Privacy Policy includes details about how to access your personal information and have it corrected, as well as how to make any complaints regarding our conduct in relation to your personal information and how we will deal with such complaints. Please see Gourmet Basket’s Privacy Policy at https://cart.gourmetbasket.com.au/privacy-and-security/
Changes, Termination & Removal From Program
If for any reason this Program is not capable of running as planned (including in the event of abuse, misuse, fraud or attempted fraud), Gourmet Basket reserves the right in its absolute discretion to modify the terms of the Program including the Vouchers and these Terms, or to suspend or terminate the Program. In the event of such modification, suspension or termination, Gourmet Basket will notify the members of the Program via email, as well as by communicating this on our website. Members will not receive any compensation from Gourmet Basket in the event of modification or suspension of the Program.
Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Gourmet Basket, or abuse, misuse fraud or attempted fraud, may subject members to Membership revocation and will affect eligibility for further participation in the Program.
Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled (whether by you or Gourmet Basket in accordance with these Terms), or if the Program is terminated, any Points in your account will automatically expire. Gourmet Basket will notify you via email prior to making changes to these Terms.
It is your responsibility to check or review these Terms from time to time to keep informed of any changes. In the event that the Terms of the Program change, you may choose to cancel your Membership through your Membership profile or by sending an email to service@gourmetbasket.com.au. Upon cancellation, all accumulated points and / or Vouchers will be immediately forfeited.
Limitation of Liability
To the extent permitted by law, Gourmet Basket will not be liable for any damages of any kind arising out of or in connection with your participation or Membership in the Program, including damages arising out of changes to or termination of the Program or as a result of you redeeming and/or using a Voucher. This applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
To the extent permitted by law, the limitations on Gourmet Basket’s liability shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these Terms, you willingly agree that you have relinquished your right to seek these damages from Gourmet Basket and that this is a reasonable allocation of risk. You may have certain rights in respect of goods or services provided in accordance with these Terms that cannot be excluded under the Australian Consumer Law. These Terms must be read subject to these statutory provisions. Any tax, liability, or duty incurred by you arising from your participation in the Program is your responsibility. Where Gourmet Basket’s liability cannot be excluded (such as where the Australian Consumer Law applies), Gourmet Basket’s liability to you will in all cases be limited to (i) the cost of re-supplying the goods or services or repairing, or paying the costs of repairing, the goods; or (ii) reinstating the number of points or Vouchers in dispute.6. Intellectual Property
Intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) of all Program content and all software used in connection with the Program is the property of and are owned by or licensed to Gourmet Basket or its affiliates. Nothing in these Terms constitutes a transfer of any intellectual property rights. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided solely for personal use. Any other use of Program materials – including reproduction, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Gourmet Basket is strictly prohibited.7. Applicable Law
The Program and these Terms are governed by the laws of New South Wales in Australia, without giving effect to any principles of conflicts of laws. You hereby consent (or, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts having authority over matters arising in New South Wales in all disputes arising out of or relating to these Terms or the Program.8. Additional Information on the Program
If you have any questions regarding the Program, you may email service@gourmetbasket.com.au
