A NEW marketing program to drive more customers into YOUR restaurant

TERMS AND CONDITIONS

You agree to accept and be bound by the following terms and conditions:
1. You agree to accept and allow the redemption of the Card at your premises, in exchange for the supply of goods and services by You to the Cardholder.
2. The Cardholder will inform You of the amount they wish to be debited from their Card. The Card is an EFTPOS card and can be processed by swiping the Card through Your EFTPOS terminal, selecting the “savings” option and having the Cardholder enter their PIN as shown on the back of the Card. The whole of the amount actually debited on the Card is paid to Your nominated bank account.
3. Your payments from Cardholders using the Card are made by reading your EFTPOS terminal details. These terminal details allow Blackhawk to determine the details of Your bank, in order to ensure You receive payment. If You change your terminals or Your bank, You must inform Blackhawk immediately. Otherwise the Card may be declined, as Blackhawk may not recognise Your new terminal details.
4. You agree to pay Blackhawk the Commission in respect of each Card redeemed at Your premises. On the first day of each month, Blackhawk will provide You with a Tax Invoice for the Commission (ex GST) payable for all Cards redeemed at Your premises during the previous month. The Tax Invoice will set out the date and amount each Card was debited at Your premises. The Tax Invoice must be paid by You within seven (7) days of the invoice date.
5. You acknowledge, agree and warrant that:
- You must take all reasonable care in the descriptions of Your products and services;
- Blackhawk is not liable in any respect for any representation You make in respect of Your products and services, or any claim made against You by any Cardholder in respect of Your products and services;
- Your employees, contractors and agents are suitably trained in the use and redemption of the Cards; and
- The person signing or acknowledging these Terms and Conditions has authority to sign on Your behalf.
6. You consent and grant a royalty free licence to Blackhawk for the term of these Terms and Conditions, to use all of Your intellectual property, including (without limitation) any and all photographs, images, marketing materials and descriptions of Your business, as well as Your trademarks, for promotional and marketing purposes, Australia wide, including online.
7. To allow Blackhawk to have the most up-to-date information about You on Blackhawk’s website, it is Your responsibility to notify Blackhawk of any changes to Your website listing.
8. If You intend to sell Your business, You must notify Blackhawk of the proposed sale completion date and inform the purchaser that they will need to contact Blackhawk, and enter into a new agreement, if they wish to participate in the Card Program.
9. Blackhawk may at any time change or alter these terms and conditions as it deems necessary. You will be advised of any changes.
10. Blackhawk reserves the right to discontinue the supply of the Card, at Blackhawk’s absolute discretion.
11. These Terms and Conditions will remain in force for a period of thirty-six (36) months from the date of signing (“Term”). However, You may withdraw from the Card Program at any time during the Term, by giving Blackhawk seven (7) days’ written notice of Your intention to withdraw from the Card Program. Notices should be sent by post to: Suite 2.02, 6A Glen Street, Milsons Point, NSW, 2061, or by email to info@restaurantchoice.com.au. Blackhawk will use its reasonable commercial endeavours to remove You as a participant in the Card Program as soon as is practicable after Blackhawk receives the seven (7) days’ written notice from you. Any invoices issued prior to the notice, are due and payable in accordance with their terms.
12. For all of your customer service needs, please contact Blackhawk by phoning the following number 1300 252 250 or emailing Blackhawk at info@restaurantchoice.com.au.
13. These Terms and Conditions are governed by the laws of New South Wales.
14. For the purposes of these Terms and Conditions, the following words will have the following meanings
- Authorised Representativemeans any person who has actual or ostensible authority to sign these Terms and Conditions on Your behalf.
- Blackhawk means Blackhawk Network (Australia) Pty. Limited ABN: 84 123 251 703.
- Card means the Restaurant Choice Gift Card issued by Blackhawk.
- Card Program means the program managed by Blackhawk in respect of the issuing, redemption, distribution and management of the Card.
- Cardholder means any person who holds a Card.
- Commission means ten percent (10%), of the amount the Cardholder chooses to redeem from a Card at Your premises ex GST.
- GST means has the same meaning as defined in the GST Act.
- GST Actmeans A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
- Tax Invoice means an invoice that complies with the requirements of the GST Act.
- Term means thirty six (36) months from the date these Terms and Conditions are signed by Your Authorised Representative.
- You/Your means the merchant partner who has a restaurant business and agrees to participate in the Restaurant Choice Gift Card Program.