TERMS AND CONDITIONS

DEFINITION

“Gift Card” means the AT Parramatta Gift Card issued by Cards4All Pty Ltd.

“Gift Card Terms and Conditions” means the terms and conditions of the Gift Card available at https://cards4all.com.au/about/card-holder-terms-conditions/.

“Materials” mean the materials on this website, including but not limited to graphics, logos, icons, sound recordings, information content and software.

“Personal Information” has the same meaning as the Privacy Act.

“Privacy Act” means the Privacy and Personal Information Protection Act 1998 (NSW) as amended from time to time.

“Privacy Policy” means the privacy policy and procedures specified on this website and all applicable City of Parramatta Council policies, procedures and plans relating to privacy adopted and amended from time to time.

“Services” include all services provided by us (or on our behalf) in relation to this website and the Gift Card.

“Service Delivery Standards” mean the service delivery standards published on this website and as amended from time to time.

A reference to “we”, “us” or “our” is a reference to City of Parramatta Council.

A reference to “you” or “your” is a reference to the person who is taken to agree to these terms and conditions under clause 1.

GENERAL

  • 1. These terms and conditions apply to the use of this website. By using this website, you agree to accept and be bound by these terms and conditions.
  • 2. Where you purchase the Gift Card as a personal or business gift or other business uses approved by us, you must ensure that the end Gift Card holder is made aware of these terms and conditions and the Gift Card Terms and Conditions.
  • 3. This website is owned by City of Parramatta Council and managed by Icon Direct Pty Ltd.
  • 4. The Gift Card is issued by Cards4All Pty Ltd and is subject to the Gift Card Terms and Conditions. We are not responsible for any claims, losses or damages incurred by you in relation to the Gift Card.
  • 5. Any information submitted by you through this website may be provided to us, its related entities and to third parties that provide services in relation to the Gift Card or the website.
  • 6. We may add to, delete part of, change, suspend or discontinue the website, including the availability of any feature or functionality of the website, at any time without notice or liability.
  • 7. These terms and conditions are in addition to the Gift Card Terms and Conditions. By purchasing a Gift Card from this website, you agree to be bound by these terms and conditions, the Service Delivery Standards and the Gift Card Terms and Conditions.
  • 8. If any provisons of these terms and conditions, the Service Delivery Standards and Privacy Policy conflict, these terms and conditions prevail.
  • 9. We may amend these terms and conditions at any time without notice.
  • 10. Cards4All Pty Ltd may amend the Gift Card Terms and Condition at any time without notice.

WARRANTY AND INDEMNITY

  • 11.By making an order for the Gift Card on this website, you represent and warrant that:
    • a. you are 18 years of age or over, or, if you are under 18 years of age, you have your parent’s or legal guardian’s consent to enter into these terms and conditions, purchase the Gift Card and to use the credit card that is being used to make the purchase;
    • b. you are properly authorised to use the credit card that is being used to make the purchase; and
    • c. all the information you provide to us is accurate and complete;
  • 12. You indemnify us for all losses, costs, expenses or damages that we may suffer if:
    • a. any of the information given by you in connection with the Gift Card is not correct;
    • b. any representation or warranty given by you proves to be untrue; or
    • c. you breach any provision of these terms and conditions.

USE OF THIS WEBSITE

  • 13. You must:
    • a. ensure that your access to and use of this website is not illegal or prohibited by any laws that apply to you;
    • b. not use this website in any manner that comprises or results in any illegal activities or the contravention of any relevant laws;
    • c. not use this website in any manner that comprises or results in the infringement of a third party's rights or entitlement relating to privacy or intellectual property under any laws, standards or codes relating to privacy or intellectual property; and
    • d. not tamper with, hinder the operation of, or make unauthorised modifications to, this website.

INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHT)

  • 14. All intellectual property rights (including, but not limited to, copyright) in the Materials is owned by or licensed to us.
  • 15. You must not use and/or reproduce the Materials without our prior written approval. We reserve the right, in our absolute discretion, to refuse giving such approval or to impose conditions (including, but not limited to, a fee) before providing any such written approval.

LINKED WEBSITES

  • 16. This website may contain links to other websites (Linked Websites). These links are provided for your convenience only and may not remain current or be maintained.
  • 17. The links between this website and the Linked Websites should not be construed as an endorsement, approval or recommendation by us of:
    • a. the Linked Websites;
    • b. any information, content, graphics, materials, products or services referred to or contained on the Linked Websites; and
    • c. the owners or operators of the Linked Websites.
  • 18. You acknowledge that we are not responsible for the manner in which the compliance with laws relating to privacy are dealt with by the Linked Websites.
  • 19. We cannot and do not grant any permission or licence to use and/or reproduce any material appearing on the Linked Websites or intellectual property rights in such material.
  • 20. We strongly recommend that you refer to the terms of use appearing on the Linked Websites before using them and/or before making use of any materials that may appear on the Linked Websites.

INFORMATION SECURITY

  • 21. The World Wide Web exists across open public networks that are neither secure nor private. You acknowledge and accept the risk that any communication to or from this website may be intercepted, used or modified by third parties.

 

ACCESS TERMINATION OR DENIAL

  • 22. At any time and without notice, we reserve the right to suspend, limit, deny or terminate access to, or use of, all or part of this website and services available through this website, if there is an emergency or you engage in conduct that we (in our absolute discretion) consider:
    • a. a contravention of these terms and conditions;
    • b. violates any of our rights or entitlements or the rights or entitlements of any third party;
    • c. to be inappropriate; or
    • d. to be an illegal activity.

DISCLAIMER

  • 23. This website and any services and material provided on or through the website are provided by us in the state they exist as at the time you access or use this website. We make no commitment about the frequency with which, if at all, this website or the Material on this website will be revised, updated or removed.
  • 24. You use this website, purchase the Gift Card and/or use the Gift Card at your own risk.
  • 25. To the maximum extent permitted by law,
    • a. we not liable for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this website, any Linked Website, the Services or the Gift Card.
    • b. we not liable for loss or damage arising out of your use of or reliance upon the information contained on this website or any Linked Website;
    • c. we exclude all express or implied conditions or warranties of any kind;
    • d. does not warrant the reliability, accuracy, completeness, timeliness, quality or suitability for a particular purpose the content of this website, any Materials on this website or any Linked Website; and
    • e. does not warrant that access to or use of this website and the services or material provided on or through the website will be uninterrupted or error free or that the website or any material on or accessible through the website is free from errors or information technology dangers (including, but not limited to, viruses, worms, trojan horses, time bomb, cancelbot or any other harmful components).
  • 26. The exclusions in clause 25 only apply to the extent permitted by law. Where consumer protection legislation implies any condition or warranty that cannot be excluded in these terms and conditions, we limit our liability for breach of any such implied conditions or warranties to the re-supplying of the Gift Card purchased or the payment of an amount equal to the value of the Gift Card purchased (at our option and sole discretion). Our liability to you will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. 

PRIVACY

  • 27. When you access or use this website, you may be required to provide Personal Information.
  • 28. We are collecting your Personal Information in order to enable us to provide the Services to you. The intended recipient of the information is City of Parramatta Council and Icon Direct Pty Ltd. While the supply of this information is voluntary, the Personal Information you provide will enable us to provide you with the Services. The Personal Information can be accessed by you and may also be available to third parties in accordance with our Privacy Policy. You may make an application for access or amendment to Personal Information held by us. We will consider any such application in accordance with the Privacy Act. City of Parramatta Council and Icon Direct Pty Ltd will hold the Personal Information. City of Parramatta Council may be contacted on 9806 5050 or at 126 Church Street, Parramatta, NSW, 2150.  Icon Direct Pty Ltd may be contacted on 1300 138 984 or at 12 Frost Road, Campbelltown NSW 2560.
  • 29. You agree that we may disclose your Personal Information to third parties (e.g. Icon Direct Pty Ltd and Australia Post) for the purpose of providing you with the Services.
  • 30. By using this website, you agree to the terms in our Privacy Policy. We collect, store, access, use and disclose your Personal Information in accordance with our Privacy Policy.
  • 31. Unless you give us a written notice objecting to the collection, storage, use and disclosure of your Personal Information, we may use your Personal Information:
    • a. to contact you about or provide you with the Services;
    • b. to enable you to use the functionality of this website;
    • c. to consider and respond to any correspondence received from you;
    • d. to comply our obligations under any applicable law (including, but not limited to, laws relating to privacy or information disclosure);
    • e. in combination with other data for analysis;
    • f. to the extent necessary for our operations and performance of statutory functions and this includes disclosure to our staff, Councillors or members of the public, unless access is restricted under laws relating to information disclosure or our Privacy Policy.
  • 32. If you give us a written notice objecting to the collection, storage, use and disclosure of your Personal Information in a particular manner or at all, we will adopt reasonable measures to observe your request but may still use or disclose your Personal Information if:
    • a. we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
    • b. we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
    • c. we are required by law to disclose the Personal Information.

PAYMENT SECURITY

  • 33. We have contracted the services of Icon Direct Pty Ltd for the provision of e-commerce in a secure environment. You acknowledge that all payments that you process through giftcards.atparramatta.com are made to Icon Direct Pty Ltd, using eWay as the payment gateway. All financial details which you provide for the purposes of making a payment to Icon Direct Pty Ltd are hosted within the eWay system and are not within the power or control of City of Parramatta Council or Icon Direct Pty Ltd.
  • 34. You consent to:
    • a. Icon Direct Pty Ltd making disclosures of your Personal Information to City of Parramatta Council;
    • b. City of Parramatta Council making disclosures of your Personal Information to Icon Direct Pty Ltd; and the retention and storage by City of Parramatta Council of any of your Personal Information received from Icon Direct Pty Ltd;
    • c. the extent reasonably required in order for Icon Direct Pty Ltd and/or City of Parramatta Council to process, track, confirm, validate and/or respond to any query arising in relation to any payment due from, or made by, you.
  • 35. You agree that City of Parramatta Council and Icon Direct Pty Ltd have no obligation to provide products or Services to you:
    • a. until your credit card provider has authorised the transaction; and
    • b. where we have any reason to suspect that you are not authorised to use the credit card you have provided.

UNENFORCEABILITY

  • 36. If any of these terms and conditions is invalid or unenforceable, it will be severed from the remaining terms and conditions and they will remain in full force and effect.

WAIVER

  • 37. If we do not act in relation to any breach of these terms and conditions by you, this does not operate as a waiver by us in respect of any rights or entitlements we may have in respect of such breach.

GOVERNING LAW

  • 38. These terms and conditions are governed by the laws in force in the State of New South Wales, Australia.