GIFT CARD TERMS AND CONDITIONS (Please scroll down for general Legal info, Terms and Conditions)


RAILSHOP.COM.AU GIFT CARD TERMS OF USE

1. Introduction

These Terms and Conditions of Use apply to all Gift Cards issued by Railshop.com.au a division of Water Street Productions ABN 55 043 389 034 after 17 March 2015.

 

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 AND SECURITY NOTICE (SEE PARAGRAPH 8).

 

This document contains the full set of terms and conditions governing your use of the Gift Card. We recommend that you read this document carefully before using the Gift Card. If you have any complaints, questions or would like more information about your Gift Card, please call (07) 3236 9242, visit the website http://railshop.com.au/legal-info.

 

Expiry : Railshop.com.au Gift Cards expire 1 year after the date of issue (note Railshop.com.au Remaining credit also expires 1 year after original date of issue). See paragraph 4.

 

2. Definitions

"Access CODE" means the 8-digit Access CODE printed on the Gift Card.

 

"Rail Shop" "RailShop" and "Railshop.com.au" means Water Street Productions / Railshop Level 5, 495 Boundary St, Spring Hill Queensland Australia

 

"Gift Card" means the gift card that you have purchased or received, such as one of the following: Railshop.com.au Gift Card, Railshop.com.au Remaining credit and Railshop.com.au Digital Gift Card.

 

"Railshop.com.au Remaining credit" means the Gift Card of that name issued to you as tender in a return transaction.

 

"Remaining Gift Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms of Use.

 

A reference to "we" or "us" is a reference to Railshop.com.au.

 

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 of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

 

 

1. Gift Card Redemption & Exclusions

1.1 Redemption

Except for the exclusions listed in paragraph 1.2 (Exclusions) below, once loaded with value your Gift Card may be redeemed for purchases at Railshop.com.au online store.

 

1.2 Exclusions

The following are the exclusions applicable to the redemption of your Gift Card:

 

a. Gift Cards cannot be used to purchase Gift Cards or other tender;

 


2 Gift Card Purchases
2.1 Online Gift Card purchases

Gift Cards that are purchased from Railshop.com.au are pre-activated in accordance with our Railshop.com.au Retail Gift Cards Online Terms and Conditions (see http://railshop.com.au/legal-info.

 

2.2 All Gift Cards

Pay for your Gift Card value with the tender of your choice (other than a Gift Card). The transaction will be completed when the Gift Card is activated.

 

There may be a delay with the Gift Card activating in the system once purchased. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.

 

3. Using your Gift Card

3.1 Making a purchase with your Gift Card

Once you have added products to your shopping cart and are viewing your cart; a text field box appears immediately prior to the "Proceed to checkout" button. Please enter the 8 digit code on your printed gift voucher here. The transaction will be completed when the balance has reduced on your Gift Card.

 

No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the 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 whenever you;

 

a. enter your 8 digit code at our shopping basket and checkout at railshop.com.au.

 

b. giving us details of the Gift Card and authorising the transaction in some other way approved by us.

 

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 Exchanging items purchased with a Gift Card

Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to Railshop.com.au's exchange and returns policy.

 

Our exchange and returns policy includes the right for us to issue a remaining credit instead of other tender, cash, Gift Cards or discount.

 

3.4 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 Railshop.com.au.

 

3.5 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.

 

3.6 Checking your Gift Card balance can only be performed by adding items to the shopping cart and entering your 8 digit code to determine the remaining balance.

 

3.7 Can I exchange my Gift Card?

You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.

 

3.8 Can I purchase a gift card using a gift card?

Gift Cards cannot be used to purchase another gift card. This includes Railshop.com.au Remaining credit.

 

 

4. Expiry, cancellation and re-issue of Gift Cards

4.1 Expiry of Gift Cards

Except for the Railshop.com.au Remaining credit, your Gift Card will be valid for use for one year from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should use all of the Remaining Gift Card Value before the expiry date, after the expiry date unused value will become the property of Railshop.com.au.

 

4.2 Expiry of Railshop.com.au Remaining credit

Your Railshop.com.au Remaining credit will be valid for use for 1 year from the original date of purchase of the gift card (or as otherwise extended by us) after such time it will be invalid. You should use all of the Remaining Gift Card Value before the expiry date, after the expiry date unused value will become the property of Railshop.com.au.

 

4.3 Cancellation and voiding of Gift Cards

a. Gift Cards cannot be cancelled once they are issued except if voided by Railshop.com.au, if their value is used or if they expire.

 

b. We reserve the right to void any Gift Card that appears to have been altered or tampered with in any way and Railshop.com.au may subject Gift Cards to a verification process.

 

c. We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. 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.

 

4.4 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 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.

 

7. Changes to Terms and Conditions of Use

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 required for any reason and agree to provide you with at least 30 days notice of such changes. We will give you notice by posting the changes on http://railshop.com.au/legal-info. If you write to Railshop.com.au within the notice period and do not accept the changes we may cancel your Gift Card and refund any Remaining Gift Card Value to you.

 

8. Privacy and confidentiality

Our Privacy and Security Notice explains how we handle the personal information that we may collect from you with respect to Gift Cards. If you do not have a copy and are unable to access the notice online (at www.railshop.com.au/legal-info), please call 07 3236 9242 for a copy.

 

A copy of the Railshop.com.au Privacy Policy is available at www.Railshop.com.au

 

It is important that you read and understand both the Privacy and Security Notice and the Privacy Policy.

 

9. Errors and complaints

If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 07 3236 9242

 

10. 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, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the 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.

 

11. Applicable law

These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Queensland, Australia (including the Federal Court of Australia, Queensland Registry).

 

Version: March 2015


© Copyright Railshop.com.au 2015. All Rights Reserved.

 

Terms & Conditions & General Legal Information

Rail Shop provide their services to you subject to the following notices, terms, and conditions. ...........

When you use the this website or any of its services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.

Copyright and Trademarks
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Rail Shop or its content suppliers and protected by
Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Rail Shop and
protected by Australian and international copyright laws. All software used on this site is the property of Rail Shop or its software suppliers and is protected by Australian and
international copyright laws. The content and software on this site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.

Usage Regulations
Neither this site nor any portion of it may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Rail Shop. We, and our affiliates, reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of Rail Shop and its affiliates.

Liability
This site is provided on an "as is" basis. Rail Shop makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials,
or products included on this site. To the full extent permissible by applicable law, Rail Shop disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Rail Shop will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Privacy Policy
This Privacy Policy sets out the approach which Rail Shop will take in relation to the treatment of Personal Information. It includes information on how Rail Shop collects, uses, discloses and keeps secure, individuals' Personal Information. It also covers how Rail Shop makes the Personal Information it holds available for access to and correction by the individual.

This policy has been drafted having regard to Rail Shop's obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.

1. Collection
1.1
Rail Shop will only collect Personal Information where the information is necessary for Rail Shop to perform one or more of its functions or activities. In this context, "collect" means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

1.2
Rail Shop collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. Rail Shop also collects and uses Personal Information for secondary purposes including:

- Billing and account management

- Business planning and product development; and

- To provide individuals with information about promotions, as well as the products and services of Rail Shop affiliated companies and other organisations.

- To enhance the online shopping experience by displaying products and/or services that match the personal preferences of individuals based on their previous website browsing history and/or buying activity.

1.3
Rail Shop will not collect Sensitive Information from individuals except with consent and only where it is necessary for Rail Shop to collect such information for an activity or function.

1.4
Rail Shop will not collect Personal Information secretly or in an underhanded way.

1.5
Rail Shop will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.

2. Use
2.1
Rail Shop will obtain an individual's consent for use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the use is a related Secondary Purpose which would be within the relevant individual's Reasonable Expectations.

2.2
Rail Shop Uses Personal Information primarily for the purposes listed in 1.2 above.

2.3
If Rail Shop relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:

- The individual is clearly notified of their right to Opt Out from further Direct Marketing;

- There is only one Use of the information before the Opt Out right is given and this Use applies across all Rail Shop related Businesses (if the information is shared between those Related Business);

- The individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and

- If the individual Opts Out of all Direct Marketing the Opt Out will be respected by Rail Shop and all its Related Business.

2.4
Rail Shop will not use Sensitive Information for Direct Marketing.

2.5
Rail Shop may use Personal Information to avoid an imminent threat to a person's life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.

2.6
Rail Shop will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

3. Disclosure
3.1
Rail Shop may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual's consent for Disclosures made under the credit reporting requirements of the Privacy Act.

3.2
Rail Shop may Disclose Personal Information between Related Business. Where information is Disclosed to such a Related Business, that Related Business is bound by the original Primary Purpose for which the information was collected.

3.3
Rail Shop may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfillment), where that is Disclosure or use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual's Reasonable Expectations.

3.4
Rail Shop will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.

3.5
Rail Shop may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.

3.6
Rail Shop may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.

3.7
If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Rail Shop will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.

3.8
Rail Shop DOES NOT sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, Rail Shop will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

4. Information Quality
4.1
Rail Shop will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

4.2
Rail Shop will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.

5. Information Security
5.1
Rail Shop requires employees and contractors to perform their duties in a manner that is consistent with Rail Shop's legal responsibilities in relation to privacy.

5.2
Rail Shop will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Rail Shop who have a genuine "need to know" as well as "right to know".

5.3
Rail Shop will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

6. Access and Correction
6.1 Rail Shop will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.

6.2
Rail Shop will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.

6.3
Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Rail Shop Customer Service, as per the details on our website.

6.4
Rail Shop can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.

7. Openness
7.1
Rail Shop Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting Rail Shop Customer Service, as per the details on the Rail Shop website.

7.3
Rail Shop websites will contain a prominently displayed privacy statement and will include a copy of this Rail Shop Privacy Policy.

8. Anonymous Transactions
8.1
Rail Shop will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Rail Shop may however request visitors to provide Personal Information voluntarily to Rail Shop (for example, as part of a competition or questionnaire).

9. Transferring Personal Information Overseas
9.1 Rail Shop will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.

9.2
If Personal Information must be sent by Rail Shop overseas for sound business reasons, Rail Shop will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

10. Glossary
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.

Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Rail Shop or a Related Business or those of an independent third party organisation.

Disclosure generally means the release of information outside Rail Shop , including under a contract to carry out an "outsourced function".

Opt Out means an individual's expressed request not to receive further Direct Marketing.

Rail Shop means all companies in the Water Street Productions group including Rail Shop and Water Street Productions.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.

Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.

Reasonable Expectation means a reasonable individual's expectation that their personal information might be Used or Disclosed for the particular purpose.

Related Business means that where a business is:

- a holding company of another business;
- a subsidiary of another business; or
- a subsidiary of a holding company of another business,
- the first mentioned business and the other business are deemed to be related to each other.

Sensitive Information means information or an opinion about an individual's:

- racial or ethnic origin; or
- political opinions; or
- membership of a political association; or
- religious beliefs or affiliations; or
- philosophical beliefs; or
- membership of a professional or trade association; or
- membership of a trade union; or
- sexual preferences or practices; or
- criminal record

Contacting Rail Shop
If you require further information regarding Rail Shop's Privacy Policy, you can contact Rail Shop Customer Service Centre at Water Street Productions by email: info@railshop.com.au

Alternatively you can call 07 3236 9242
or international +61 7 3236 9242.

2013 Rail Shop (A division of Water Street Productions) | Privacy Policy & Conditions of Use )