1. Definitions:
In the Terms and Conditions:
Activate means the initial loading of value onto a Hamilton Island Gift Card.
Card Balance means the unspent value of a Hamilton Island Gift Card.
Card Number means 22-digit number that appears on the back of a Hamilton Island Gift Card.
eGift Card means an electronic stored value gift card issued by Hamilton Island Enterprises Limited.
Hamilton Island means Hamilton Island, located in the Great Barrier Marine Park. Reference to Hamilton Island includes Dent Island.
Hamilton Island Enterprises Limited or HIE means Hamilton Island Enterprises Limited ACN 009 946 909, 3/100 Pacific Highway, St Leonards NSW 2065.
Hamilton Island Gift Card or Gift Card means a physical card or an electronic version that can be exchanged for a specified cash value of goods and services provided by HIE.
Expiry Date means the date, being stated on the reverse of the Gift Card, after which any remaining funds on a Hamilton Island Gift Card will not be available for redemption. Gift Cards have a 36-month expiry date after the date of purchase. For eGift Cards the expiry date is stated in your confirmation email which encloses your digital card.
PIN means the 4-digit access number printed on the reverse of a Physical Hamilton Island Gift Card or as stated on eGift card confirmation email.
Participating Outlets means all outlet on Hamilton Island owned and operated by HIE as detailed at https://www.hamiltonisland.com.au/complimentary-gift-cards/participating-outlets.
Physical Gift Card means a physical card with a stored monetary value issued by HIE.
Redeem means to reduce the value loaded on your Hamilton Island Gift Card by using the Hamilton Island Gift Card to purchase goods or services provided by HIE on Hamilton Island.
Website means giftcards.hamiltonisland.com.au or giftcards.qualia.com.au.
A reference to "we", "us", or "our" is a reference to Hamilton Island Enterprises Limited
A reference to "you" or "your" is a reference to the person who is taken to agree to these terms and conditions under clause 2.
2. Agreement to the terms and conditions
2.1. These terms and conditions apply to all Hamilton Island Gift Cards.
2.2. You agree to be bound by these terms when using, or attempting to use a Hamilton Island Gift Card or by making a transaction enquiry or exercising any right to redeem value loaded on a Hamilton Island Gift Card.
2.3. By using or attempting to use a Hamilton Island Gift Card, or by making a transaction enquiry or exercising any right to redeem value loaded on a Hamilton Island Gift Card, you warrant that you will comply with these terms and conditions and all applicable laws and that the Hamilton Island Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
3. Redeeming your Hamilton Island Gift Card
3.1. Hamilton Island Gift Cards and Hamilton Island eGift Cards can be redeemed for goods and services at Participating Outlets. The redeemed value is deducted from the Card Balance. Please see our FAQ at https://www.hamiltonisland.com.au/complimentary-gift-cards/faqs for common questions and queries regarding our gift card program.
3.2. When redeeming a Gift Card for our goods and services on Hamilton Island, Gift Card holders must be over the age of 18 years. Proof of age must be provided, if requested, with an officially recognised photographic identification document. If proof of age cannot be verified, we reserve the right to refuse redemption of the Gift Card until appropriate proof of age can be provided showing the Gift Card holder is over the age of 18 years.
3.3. Photographs of Gift Cards will not be accepted for redemption. Physical Gift Cards must be present at redemption, or a version converted into an approved digital wallet app on a smartphone.
3.4. When redeeming a Gift Card, tips or gratuities may be included within the amount charged to the Gift Card, at the user’s discretion.
3.5. Resale of Hamilton Island Gift Cards is strictly prohibited, except with prior written consent from us. If approved, Gift Cards cannot be re-sold for more than the original purchase price.
3.6. Your use of the Hamilton Island Gift Cards at a Hamilton Island outlet is subject to our policies (and, where applicable, other terms and conditions) regarding the goods and services made available by us.
3.7. Where the price of the goods or services being purchased with the Hamilton Island Gift Card exceeds the Card Balance, you must pay the amount exceeding the Gift Card Balance by an alternative payment method.
3.8. Once your Hamilton Island Gift Card has reached a nil balance it cannot be re-activated.
3.9. By redeeming your Hamilton Island Gift Card, you agree that you must not engage in any conduct which is fraudulent or may be contrary to the intention of the Hamilton Island Gift Card program, including but not limited to:
a. the on-selling of goods to a third party for a profit or other commercial purpose, where those goods have been purchased through the use of a Hamilton Island Gift Card;
b. the on-selling of Hamilton Island Gift Cards to a third party for an additional mark up, regardless of whether those Gift Cards were purchased by you at full price or for a discount;
c. use the Hamilton Island Gift Card to fraudulently earn reward or loyalty points through an affiliate marketing program, with the intention to gain points, profit, or other benefit.
We do not accept any liability for Gifts Cards that may have been on sold.
3.10. If we consider that you have engaged in any of the above conduct, we may enforce our rights under clause 10, upon written notice to you.
3.11. We reserve the right to cap Gift Cards per redemption in store to a maximum of 5 Gift Cards.
4. Balance enquiries
4.1. The Card Balance is printed on the register receipt each time you use your Hamilton Island Gift Card. You can also check your Hamilton Island Gift Card balance at any point of sale on request or at giftcards.hamiltonisland.com.au. No change is given and any balance that remains on the card can only be used in whole or part against future purchases for Hamilton Island goods and services. The expiry date of Gift Cards is printed on the reverse of the Physical Gift Card the confirmation email for eGift cards and Google or Apple Wallet if uploaded. Any balance that remains on the card after the expiry date will not be available for use.
5. Lost or Stolen Hamilton Island Gift Cards
5.1. You must treat your Hamilton Island Gift Card like cash or money. Hamilton Island Gift Cards cannot be refunded, returned or exchanged for cash as we have no obligation to replace or refund the value of the Hamilton Island Gift Cards, including for (but not limited to) lost or stolen Hamilton Island Gift Cards, except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions.
5.2. We reserve the right to place a stop on your Hamilton Island Gift Card if:
a. You report that your Hamilton Island Gift Card has been lost or stolen; or
b. We believe (or reasonably suspect) that you have used your Hamilton Island Gift Card (or will use) contrary to these Terms and Conditions.
6. Liability
6.1. You are responsible for your Hamilton Island Gift Card, and are liable for all transactions made using your Hamilton Island Gift Card.
7. Penalties
7.1. A breach of these Terms and Conditions may result in any of the following consequences, including but not limited to:
a. immediate deactivation of any Hamilton Island Gift Cards which have been purchased by you but not yet been redeemed;
b. immediate forfeiture of any outstanding balance on the Hamilton Island Gift Cards; or
7.2. Without limitation, a contravention of clause 3.9 will be deemed a breach of these terms and conditions.
8. Relationship with Hamilton Island Enterprises Limited
8.1. Hamilton Island Gift Cards may be used as personal or business gifts but must not be used in connection with any marketing, advertising, or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain our prior written approval from Hamilton Island Enterprises Limited.
8.2. Use of our name or brands, or any names and logos of Hamilton Island (other than in connection with the purchase or use of Hamilton Island Gift Cards), and the use of any imagery provided by us is strictly prohibited without prior consent from us.
8.3. For any approval requests for marketing, advertisements, or other promotional activities please contact Hamilton Island via email at marketingrequest@hamiltonisland.com.au (9:00AM – 5:00PM, Monday to Friday AEST).
9. Privacy Collection Notice
9.1. This Notice explains how we and our affiliates manage your personal information and complaints. More information can be found at https://www.hamiltonisland.com.au/privacy-policy.
9.2. Upon purchasing a Gift Card, we collect purchasers’ personal information directly from purchasers wherever practicable. We may collect personal information from our related companies or other third parties.
9.3. We will use your personal information primarily to provide Gift Cards, confirm and maintain Gift Card, and provide information about the products and services you have requested offered by us. If you do not provide us with that information, we may be unable to process your Gift Card purchase.
9.4. We may disclose your personal information, including updates, to agents or contractors acting on our behalf and regulatory authorities where required by law. We will also use this information for research to improve our products and services.
9.5. Our Privacy Policy sets out how you can access and make a request to correct your personal information we may hold about you, or to make a privacy complaint, and how we will deal with the complaint. You may contact us by email at: privacy@hamiltonisland.com.au or by post: Hamilton Island Enterprises Limited, PO Box 149, Hamilton Island Qld 4803
10. General
10.1. Gift Cards are a form of tender to make purchases at any HIE Participating Outlet.
10.2. If you have any questions regarding Gift Cards, please contact giftcards@hamiltonisland.com.au
10.3. The purchasing and redeeming of Gift Cards are subject to the laws of Queensland and any dispute arising under these Terms and Conditions or otherwise in respect of the Gift Cards will be submitted to and determined by the exclusive jurisdiction of the courts of Queensland.
10.4. Nothing in these Terms and Conditions limits, excludes, or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia.
10.5. If you wish to dispute an amount deducted from your Hamilton Island Gift Card, you must contact Hamilton Island Head Office via email giftcards@hamiltonisland.com.au. If an amount is not disputed within thirty (30) days after the transaction date, we may at our sole discretion refuse to provide you with a refund.
10.6. We encourage consumers to consume alcohol in moderation. Legal aged consumers are advised to consider the ‘low risk drinking’ guidelines recommended in the National Health & Medical Research Council Australian Alcohol Guidelines at http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at www.alcohol.gov.au.