Restaurant Choice™ Gift Card (Visa)
Last Updated: 24 October 2023
The Restaurant Choice™ Gift Card (‘Card’) is issued by Heritage and People’s Choice Limited trading as Heritage Bank ABN 11 087 651 125 (‘Heritage’) pursuant to a licence from Visa Worldwide PTE Ltd. In these Terms and Conditions, ‘you’ and “your” are the Card purchaser or user. Blackhawk Network Australia Pty. Ltd. ACN 123 251 703 (‘Blackhawk’) is Heritage’s program manager for the Card, and Heritage and Blackhawk are collectively ‘us’ ‘our’ and ‘we’ in these terms and conditions (‘Terms and Conditions’).
These Terms and Conditions set out the terms and conditions for your Card.
By using the Card, or attempting to use the Card, you agree to be bound by these Terms and Conditions. If you are not the intended user of the Card, then you must provide these Terms and Conditions to the intended user of the Card.
Card balance, transaction history and important notices about your Card are available at www.restaurantchoice.com.au.
1.The Card is a Category Visa Gift Card, it can only be used at the Visa Merchant Groups described on the website www.restaurantchoice.com.au) for the purchases of goods and services where Visa prepaid is accepted.
2. Your use of the Card at a participating merchant is subject at all times to the policies (and, where applicable, other terms and conditions) of that participating merchant regarding the goods and services made available by it.
3. Cards cannot be used towards the purchase of any other gift cards or vouchers at participating merchants.
4. The Card is not a credit card and will not enhance your credit rating nor is it linked to a deposit account with us or any financial institutions. You will not receive any interest on your Card balance. The Card remains our property.
5. Your Card will be activated within 24 hours from when it is purchased.
6. Each time you use the Card, you authorise us to deduct the amount of the transaction from the balance of funds on the Card. We may also deduct from the Card balance any amount that you owe us including fees payable under these Terms and Conditions. The available balance cannot be exceeded. Where a purchase exceeds the available balance, the excess must be paid using another payment method. The Card cannot be used for direct debit, recurring or instalment payments. Transactions made using the Card may be declined by some merchants. We are not liable in any way when a transaction is declined or a transaction otherwise does not proceed, due to the actions of a merchant or third party.
7. You are responsible for checking your transaction history and available balance free of charge as set out at www.restaurantchoice.com.au or by calling 1800 767 066.
8. The Card is not reloadable and is valid until the date shown on the front of the Card and/or carrier. Any remaining available balance will be forfeited on the expiry date. The Card is inactive until purchased and loaded with funds by the cashier.
9. The Card cannot be used at certain merchants, including those in the following category groups; Automated Fuel Dispensers (5542), Gambling transactions (7995), Financial Institution–Automated Cash Disbursements (6011), Financial Institution–Manual Cash Disbursements (6010), Financial Institution–Merchandise and Services (6012), Quasi Cash–Merchant (6051), Securities– Brokers and Dealers (6211), Wire Transfer Money Orders (4829) (‘Excluded Merchants’), or merchant category groups not described on the website.
10. You acknowledge and agree that Excluded Merchants may change from time to time for reasons beyond our control or where required by law. We may also change the Excluded Merchants in order to protect our commercial interests or reputation. We are not required to provide you with notice if the Excluded Merchants change but will do so in accordance with these Terms and Conditions and where the decision is made by us to exclude them.
11. We do not guarantee that the Card will be accepted in Europe, Middle East and Africa (‘EMEA’). Merchants in EMEA are prohibited from accepting certain anonymous gift cards (e.g. if the purchase amount or the face value of the gift card is above a certain amount). These regulations may change at any time, so you should check with EMEA merchants if they will accept the Card.
12. Details of Card balance are available at www.restaurantchoice.com.au or by calling 1800 767 066.
13. All transactions conducted overseas will be converted into Australian dollars. Transactions will either be converted directly into Australian dollars or will be first converted from the currency in which the transaction was made into US dollars and then converted to Australian dollars by Visa Worldwide PTE Ltd (“Visa”). The conversion rate used is either: a) a rate selected by Visa from a range of wholesale rates for the applicable processing date, which may vary from the rate Visa receives; or b) the government-mandated rate in effect for the applicable processing date. In these circumstances, 3.5% of the total amount of each transaction will be deducted from your Card at the same time you make a transaction on your Card in a currency other than Australian dollars, or you make a transaction on your Card in any currency (including AUD) that is processed by a card scheme or financial institution or billed by the merchant outside of Australia. This fee includes an amount payable by us to Visa as a processing fee. The fee is a percentage of the converted AUD amount of the transaction.
14. If permitted by these Terms and Conditions or otherwise required by applicable law, we may deduct from the Card balance any government duties, taxes, rates or charges now or in the future charged upon or in relation to the use of your Card or transactions deducted from the Card balance.
DISPUTES, PROBLEMS & TROUBLESHOOTING
15. For disputed transactions with your Card, you should notify us promptly by visiting www.restaurantchoice.com.au, or call 1800 767 066.
16. Card Scheme operating rules issued by Visa may impose time limits after the expiry of which we are not able to dispute a transaction on your behalf through the Card Scheme. To the extent permitted by law and subject to our obligations under the ePayments Code, we may not be responsible for any loss to you where it can be shown that you have notified us outside the applicable time limits for disputed transactions under the Card Scheme operating rules. If you have a complaint about the Card or our services, please contact us by visiting www.restaurantchoice.com.au, or call 1800 767 066.
17. We will acknowledge your complaint promptly, either verbally or in writing and do our best to resolve it straight away. We aim to resolve all complaints within 21 days. However, in some cases it may take up to 30 days. Your complaint may take a little longer to assess if we need more information or if your complaint is complex. In all cases, we’ll keep you updated on the progress.
18. You can ask for information about how we manage complaints in alternative formats and languages upon request by visiting www.restaurantchoice.com.au or calling 1800 767 066. If you have a hearing or speech impairment, you can access additional support through the National Relay Service on 1300 555 727.
19. If you are not satisfied with our response, you may lodge a complaint with the Australian Financial Complaints Authority (‘AFCA’). AFCA provides free and independent financial services complaint resolution and can be contact on Website: www.afca.org.au Email: email@example.com Phone 1800 931 678 (free call) Mail: GPO Box 3, Melbourne VIC 3001. Time limits may apply to complain to AFCA and so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.
20. To contact Heritage about your complaint: Phone: Australia: 1800 797 799 (free call) Overseas: +61 4690 9000 Website: www.heritage.com.au Email: firstname.lastname@example.org Mail: Heritage Bank, Reply Paid 190, Toowoomba QLD 4350.
21. The Card is like cash and cannot be replaced if misused, lost, stolen, or damaged except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these Terms and Conditions (for example, warranties as to the exercise of due care and skill in providing services and as to fitness for purpose of materials we provide). You are responsible for all transactions on the Card, except where there has been fraud, negligence or wilful misconduct by our staff, officers, contractors or agents.
22. You have consumer guarantees that cannot be limited by us. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
23. To protect your Card, you should:
a. Carry it with you whenever you can and not leave it unattended.
b. Regularly check that you still have your Card and check your transaction history online; and
c. Not allow a person other than you to use a Card.
24. If you notice any error relating to the Card, you should notify Cardholder Services promptly on 1800 767 066 or at www.restaurantchoice.com.au
25. For security reasons or where required by law, including where we reasonably suspect fraud or other illegal activity, we may restrict the number of transactions or value of transactions you can make with the Card, prevent a transaction, revoke or stop the use of the Card. This includes transactions that occur outside of Australia (including transactions at physical merchants outside of Australia and online transactions that occur outside of Australia). You cannot stop payment on any transaction made with the Card.
26. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked in accordance with these Terms and Conditions before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.
27. For the avoidance of doubt, our goods and services comprise the stored value of the Card. We have no liability to you for goods and services that you purchase using the Card. Claims relating to the goods and services you purchase using the Card must be directed towards the relevant participating merchant where the transaction was made.
28. If you use the Card without presenting it (such as for mail order, telephone or internet purchases), the legal effect will be the same as if you physically presented the Card.
29. Heritage is a subscriber to the ePayments Code. Heritage warrants that for as long as it remains a subscriber to the ePayments Code, it will comply with it in our dealings with you relating to the Card.
a. facilitate transaction investigation and assist with identification of suspicious or fraudulent transactions;
b. are our outsourced service providers (for example, data switches);
c. are regulatory bodies, government agencies, law enforcement bodies and courts; and
d. are participants in the payment system and other financial institutions for the purpose of resolving disputes, errors or other matters arising from your use of your Card.
The contact details for Heritage are: email@example.com or phone 13 14 22. The contact phone number for Blackhawk is 1300 985 841.
32. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, required by law, and also where necessary to operate the Card and process transactions.
CHANGES TO THESE TERMS AND CONDITIONS
33. Subject to clause 34, we reserve the right to change these Terms and Conditions at any time, for one or more of the following reasons:
(a) to comply with any change or anticipated change in any relevant law, code of practice, guidance or general banking practice;
(b) to reflect any decision of a court ombudsman or regulator;
(c) to reflect a change in our system or procedure, including for security reasons;
(d) to respond to changes in the cost of providing the Card;
(e) discontinue a product in which case we may change the terms of the product to reflect a different product with similar features to the discontinued product; or
(f) to make the Terms and Conditions clearer or to add features,
but will only do so in order to protect our legitimate business interests, and only to the extent reasonably required to do this.
34. We may change these Terms and Conditions in a way that materially reduces or limits your rights under these Terms and Conditions only if we are required to do so by law or where the change is required to protect our legitimate business interests.
35. Unless the change is adverse to you, you will not receive advance notice of changes to these Terms and Conditions. Changes will be notified via www.restaurantchoice.com.au and will be effective from the date of publication. If we make changes to these Terms and Conditions that is adverse to you, we will give you 30 days’ notice by publishing the revised Terms and Conditions at www.restaurantchoice.com.au and communicating this to you in accordance with clause 36 below. The current version of the Terms and Conditions can be viewed at www.restaurantchoice.com.au.
36. We may communicate with you in respect of the Card services by sending an email to the email address you have provided to us or by writing to you at the address you have provided to us. The notice may include a link to detailed information on our website.
SEVERABILITY & GOVERNING LAW
37. If any provisions or part of a provision of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the remaining provisions (or parts of provisions) will continue in full force and effect.
38. The laws of the State of Queensland, in the Commonwealth of Australia, apply to these Terms and Conditions and you irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Queensland, or the Commonwealth of Australia and any courts of appeal from these courts.
Restaurant Choice™ Gift Card (eftpos)
1. The Restaurant Choice Gift Card(Card) is issued by EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131 (EML) and program managed by Blackhawk Network (Australia) Pty Ltd (ACN 123 251 703) (“Blackhawk”) (‘we/us/our’). In these conditions ‘you’ are the Card purchaser or user. If you acquire the Card you will have a contract with us.
2. Using the Card means you accept these Terms and conditions. You must give these Terms and Conditions to the user of the Card if that is not you.
3. This Card is an eftpos prepaid gift card that can be used to purchase food and beverages at restaurant merchant categories Australia wide who accept prepaid eftpos cards.
4. Restaurant Choice Gift Cards expire three years from the date of activation, which can be checked here. Cards may not be redeemed after their expiry date and any remaining available balance will be forfeited. We will not give you any notice before this happens.
5. Restaurant Choice Gift Cards are not registered to any user. Consequently, anyone in possession of the Card may use it. Any use of the Card is deemed to be made by the cardholder. So keep your Card in a secure place. Defaced, mutilated, altered, lost or stolen Cards will not be replaced.
6. The Restaurant Choice Gift Card cannot be redeemed for cash, reloaded, returned for a refund, have their balances consolidated to a new gift card, or be replaced after expiry. Cash will not be given for any unused amounts left on the Gift Card before or after expiry.
7. The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the merchant agrees.
8. Cards are activated when payment is made at the point-of-sale in store or online.
9. Restaurant Choice Gift Cards cannot be used in conjunction with any other promotional offer unless otherwise advised by the individual restaurant.
10. There is no GST included in the cost of the card. The GST is on the product that purchasers buy with their gift card.
11. Cardholders are encouraged to make their own enquiries by contacting individual restaurants for up to date information. It should be understood that the inclusion of any restaurant or product on our websites does not mean that the publisher warrants in any way that your requirements will be satisfied.
12. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved.
13. Refund and replacement policy: Cards are not refundable for cash. Should your Restaurant Choice Gift Card be defective or unusable, contact us on 1300 739 889.
14. If you have a query about the card or wish to make a complaint, please contact EML Support on 1300 739 889.
15. We may cancel any Restaurant Choice Gift Card, or the Gift Card program for any reason at any time without notice. If so, we may either provide a refund or a replacement Card of equivalent value unless we reasonably suspect fraud in relation to the Card. The Card remains our property.
16. We reserve the right to change any terms contained in these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at www.restaurantchoice.com.au .
17. Queensland law applies to this agreement. By entering into this agreement you unconditionally submit to the jurisdiction of the courts of Queensland.
18. Any information collected about you may be disclosed between EML and Blackhawk. Such disclosure of information will only occur where necessary to operate the Card and process transactions, or as directed by any government authority.
19. The Card is like cash and cannot be replaced if misused, lost, stolen, or damaged. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify Cardholder Services immediately on 1800 767 066 or at www.restaurantchoicegiftcards.com.au.
20. For security reasons, including where we suspect fraud or other illegal activity, we may restrict the number of transactions or amount of transactions you can make with the Card, prevent a transaction, or stop the use of the Card. You cannot stop payment on any transaction made with the Card.
21. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.
22. If you use the Card without presenting it (such as for mail order, telephone or internet purchases), the legal effect will be the same as if you physically presented the Card.
CHANGES TO THESE TERMS AND CONDITIONS
24. We reserve the right to change these Terms and Conditions at any time with 60 days’ notice. Any changes to the Terms and Conditions can be viewed at www.restaurantchoicegiftcards.com.au.
SEVERABILITY & GOVERNING LAW
25. If any provision or part of a provision of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the remaining provisions (or parts of provisions) will continue in full force and effect.
26. The laws of the state of New South Wales apply to this agreement. By entering into this agreement, you unconditionally submit to the jurisdiction of the courts of New South Wales.