Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to Sublime Gifts! These Terms and Conditions contain important information and requirements related to the purchase and use of any service (“Experience”) supplied by Sublime Gifts.
‘HOT FM / SublimeGifts.com.au ULTIMATE EXPERIENCE ’
Terms and Conditions
These terms and conditions apply to the above competition for Southern Cross Media for the Gladstone and Rockhampton Media Centers
Section 1 – ‘HOT FM / SublimeGifts.com.au ULTIMATE EXPERIENCE Terms and conditions
Please insert Sublime Gifts terms and conditions here.
Section 2 - General Terms and Conditions
Entrants –
1. No contestant can enter if they have won a prize from any of Southern Cross Media Stations; HOT FM, Sea Fm and Southern Cross Ten, in the last 30 days for a prize under $100 or 60 days for a prize over $100.
2. No contestant can enter if someone from that household or someone from the immediate family has already won.
3. Only one prize can be issued to one address.
a. If two prizes have been issued to the same address it is up to the discretion of the Southern Cross Media Staff Member.
4. Ruling of the contestant is up to the discretion of the promote Southern Cross Media and will not be disputed.
Details of Entrants-
1. If SMS details are not fully filled out then the entrant is void.
2. Announcer must receive full details to issue a prize;
a. Phone is disconnection will result in the prize being void.
b. If the announcer broadcasts the winners name on the radio the prize must be honored, if Terms and conditions apply
c. Southern Cross Media holds rights to the discretion of prize allocation.
3. Southern Cross Media holds the right to change competition or prize details.
4. Southern Cross Media obeys by legal requirements for confidentiality of contestant details. We do hold the right to release collected SMS details to the associated promote Sublime Gifts.
Prize conditions
1. Prize are not cash redeemable
2. Prizes could be restricted to entrants because of but not limited to; age, time, availability, and environment conditions
3. Southern Cross Media understands and accepts that although we endeavor to ensure that everything to do with this prize is exactly as we promoted it and lives up to its expectations. You acknowledge that Southern Cross Media is not to be held responsible for the harm, malfunction or duress of a mental, physical or emotional nature which may be caused by this prize.
Collection of Prize
4. Prizes have to be collected at either the Rockhampton or Gladstone Media Centres.
5. Prize must be collected within 3 months of date won.
6. Delay in the collection of a prize may occur, the winner should allow 1 before collecting their prize
a. unless prize is time relevant,
b. Winner should notify station if there is a concern with collecting the prize.
7. Southern Cross Media will not permit prizes to be mailed to any location.
c. If prize needs to be mailed Southern Cross Media takes no responsibility, for loss, theft or undelivered prizes.
8. All winners must have photographic proof of identification to collect their prize.
9. Prize must be collected by winner and will not be issued to any other person.
d. If Prize must be collected by a proxy, it must be stipulated by the winner prior to collection via phone and written statement.
e. Southern Cross Media takes no responsibility for prize collection by a proxy.
Section 3 – Please refer to the National General Terms and conditions provided at reception.
Please take time to read our terms and conditions before ordering any Gift Vouchers, and do not hesitate to contact us on any point requiring clarification. These terms and conditions govern the contract under which Sublime Gifts will supply Experience Ticket (Gift Vouchers) to you.
TERM AND CONDITIONS – SUBLIME GIFTS.COM.AU
General Terms of Use
1. Introduction
The Sublime Gifts website (www.sublimegifts.com.au) is owned and operated by Sublime Solutions (Aust) Pty Ltd ACN 135 843 702. In these terms and conditions, "we", "us" and "our" means Sublime Solutions (Aust) Pty Ltd ACN 135 843 702. You should read these terms and conditions carefully as they apply to your use of our website (“Website”).
By using the Website you agree to be bound by these terms and conditions. We may change these terms and conditions from time to time by updating them on the Website and notifying you by email and such new terms and conditions will come into force 7 days thereafter. Therefore you should check our terms and conditions regularly. If the terms and conditions as amended are unacceptable to you, you must stop using the Website.
2. Our Website
The Website provides (among other things) a distribution channel that advertises gift experiences provided by a wide range of experience suppliers (“Suppliers”). It also provides for online gift experience purchasing. Specific experience tickets (“Experience Tickets”) and general Sublime gift certificates (“Sublime Gift Certificates”) are sold through the Website. These documents constitute your proof of purchase and are then used be used to book and redeem an experience with a Supplier.
3. Your use of the Website
You use the Website at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. We endeavour to provide a convenient and functional Website, but we do not guarantee that all your requirements will be met or that any content will be uninterrupted, error free or that the Website or the server that operates it are free of viruses or other harmful components. While we will attempt to keep information on the Website current and accurate, we do not make any warranties or representations about the currency or accuracy of any information on the Website. To the extent permitted by law, everything on the Website is provided to you "AS IS" and "AS AVIALABLE" without warranty or condition of any kind, either express or implied, including but not limited to, any implied warranties of accuracy, merchantability, fitness for a particular purpose or non-infringement. We exclude all representations and warranties to the full extent permissible under applicable law.
4. Our relationship with Suppliers
We are independently owned and operated and not affiliated directly or indirectly with, nor do we control, any Supplier. Each Supplier provides services directly to the Customer. Our Website is an advertising medium only, and by purchasing an experience you contract directly with the relevant Supplier.
We do not and cannot provide any warranty in relation to goods and services advertised for sale on the Website by Suppliers or other third parties.
We have no responsibility for the provision or non-provision of any services or experiences advertised by Suppliers or any other party on the Website. We are not responsible for the safety standards or the quality or delivery of the experience, or any loss or damage suffered by you or others whilst participating in the experience.
We make no warranty, representation, or guarantee regarding the experience or the Supplier, including without limitation the availability, quality, safety, or efficacy of any experience or Suppliers. We do not undertake any technical examination of equipment, facilities or services in order to minimise personal risk. You must take all steps to properly assess and consider any risks.
All Experience Tickets and Sublime Gifts Certificates are issued subject to the terms and conditions of each Supplier. You are bound by these terms and conditions also.
By purchasing or redeeming an Experience Ticket or Sublime Gifts Certificate, you acknowledge that the experiences are dependent on certain factors beyond the control of any person and agree that neither we nor any Supplier shall be liable for the cancellation, postponement or alteration of any experience for reasons beyond our reasonable control including weather-related reasons, mechanical failure, location changes or otherwise.
By using the Website you accept that all descriptions provided by us are only valid at the time of going to print or being posted on the Website but that we rely solely on the representations of Suppliers. We will make efforts to ensure that all descriptions are as up to date and accurate as possible, however we are not liable for differences between experience descriptions and actual experiences or any loss or damage you may suffer as a result. Any pictures or images used on the Website or in our promotional materials are for illustration purposes only and may not reflect the specific details of the actual experience.
The Supplier may impose additional terms, conditions, or requirements that we have not been able to communicate to you in an experience description. Accordingly, prior to purchasing or participating in any experience, you should ensure that you have obtained from the Supplier all terms, conditions, requirements, and other information that apply to your experience. Without limiting the foregoing, the Supplier may require that you sign appropriate liability and other waivers. We are not responsible for any additional terms, conditions, requirements, restrictions, waivers, guidelines, rules or other obligations imposed by the Supplier.
5. Limitation of liability
Certain rights and remedies may be available under the Trade Practices Act 1974 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair. We are not liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.
Return To Top
6. Booking and Confirmation
Customers who have purchased either an Experience Ticket or Sublime Gifts Certificate must redeem them through the Website. Redemption is done by completing a booking to participate in an experience. Bookings can be made at any time from the purchase of the Experience Ticket up to 6 months thereafter, and at any time from the purchase of the Sublime Gifts Certificate up to 12 months thereafter.
All experiences are offered subject to availability and must be booked through the Website. Bookings should be made at least 3 weeks in advance of the intended experience date. If you would like to book during peak times (such as weekends or holidays), you should book further in advance.
When you make a booking request, the request should include your name, contact details and three preferred dates. The supplier will reply with details including:
a. The acceptable date and time for the experience (or suggesting alternative dates and times);
b. The address of the experience (and/or where you must arrive at to participate in the experience); and
c. The Supplier’s contact details (for general information and cancellations).
Please do not arrive at a venue expecting to redeem your Experience Ticket or Sublime Gifts Certificate without first obtaining a booking confirmation email.
The Supplier will send confirmation of your booking direct to your email address with the agreed date, time and place etc. If you do not receive an email regarding your booking within 3 working days of making a booking request, please contact the Supplier or Sublime Gifts directly at 1800 SUBLIME as there may be a problem with your email address, i.e. your email address was incorrect or spam filters are deleting emails.
If we and the Supplier do not hear from you, we will consider your booking confirmed and the email received. You will forfeit your payment if you are unable to attend on the confirmed day. Both the Supplier and us will not be liable for any costs and expenses you incur if you do not follow the procedure set out in these Terms and Conditions, as set out in your voucher pack or as otherwise provided by the Supplier.
7. Pricing and Payment
We collect total payment direct from you through the Website. All prices include Goods and Services Tax (GST).
Suppliers are obliged to promote their best prices through the Website. If you identify the same experience at a lower price within 14 days of making your purchase of that experience through the Website (excluding past advertisements the Supplier does not have control over), upon you providing us with proof of the lower offer, you are entitled to obtain a refund of the difference from the Supplier.
8. Exchange
You can exchange any unbooked experience for an alternate experience/event (once only) free of charge prior to the Experience Ticket or Sublime Gifts Certificate expiry date. Subsequent changes will incur an administration fee of $16.50 inc GST. A booked experience cannot be exchanged at all. Once you have booked your experience and received confirmation of your booking, you are bound by the terms and conditions of the relevant Supplier (in addition to these terms and conditions).
If your exchanged experience is lower in price than your original experience, the difference will be held as credit to use against any future purchase through the Website. This credit can be used at any time from the exchange date up to 6 months thereafter and is non-refundable. After the 6 month period the credit amount will be deemed “expired”. After credits have expired, they are no longer valid and all transaction attempts will be declined. If the experience you are exchanging for costs more than your original, you will be required to pay any difference in cost.
9. Refunds
We are happy to make refunds on unbooked experiences within 7 days of purchase. Refunds may also be made up to 28 days from the date of receipt. All refunds made after 7 days and within 28 days of receipt will incur a $16.50 inc GST administration charge. Return preauthorisation is required for all Experience Tickets and Sublime Gifts Certificates and can be obtained by contacting our Customer Service at customerservice@sublimegifts.com.au, or via phone at 1800 SUBLIME. Postage charges are non-refundable. Refunds are always made to the person who purchased the Sublime Gifts Certificate, and if originally purchased by credit card, the refund will be credited to the same card. All refunds are processed at month end and take between 5 and 10 working days to show in the purchaser’s account.
Return To Top
10. Cancellations
Cancellation by Participants
Once you make a booking and receive confirmation from a Supplier, you are bound by their terms and conditions. Make sure you understand their rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered in the case of infringement of these terms and conditions.
In addition, failure to appear and/or participate in your experience as scheduled in your booking confirmation will result in a non-refundable cancellation and you will forfeit the opportunity to participate in that experience.
Cancellation by Supplier
Sometimes Suppliers may have to cancel an experience for reasons beyond their control, such as weather or mechanical breakdown. Suppliers will do their best to notify you as soon as possible and offer an alternative date or time. In these circumstances, we do not reimburse you for any costs including travel, accommodation or any other expenses you may incur in relation to the cancelled experience.
Where for some reason you and the Supplier are unable to agree on a suitable time and/or date to complete the experience, and your ticket is an Experience Ticket, it will be converted into a Sublime Gifts Certificate and you can redeem it to book any other experience listed on the Website.
11. Dress and Other Requirements
Some experiences require that you bring or wear certain clothing in order to participate in the experience. We are not liable or responsible where the Supplier refuses participation in an experience due to your failure to bring or wear stipulated clothing or similar items. Please check all the requirements of each Supplier.
12. Travel
Unless otherwise expressly stated on the Website, the cost of an experience does not include travel or transportation to and from the specific location of the experience, accommodation, meals or other travel-related expenses. Each experience participant is responsible for making his or her own travel arrangements, as applicable, to use the experience, and is solely responsible for meeting any passport or other travel documentation requirements. We are not responsible for damages or losses of any kind whatsoever that may result from travel to or from any experience location.
13. Experience Ticket/Sublime Gifts Certificate conditions
Experience Tickets and Sublime Gifts Certificates are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. An Experience Ticket or Sublime Gifts Certificate must be presented intact to the Supplier on the day of the scheduled experience. We accept no liability for invalid documents that are not accepted by Suppliers.
Experience Tickets and Sublime Gifts Certificates have no monetary value but in any event they are not to be resold or redistributed without prior consent from us. Your Experience Ticket will be valid for 6 months from the date of purchase. Your Sublime Gifts Certificate will be valid for 12 months from the date of purchase.
14. Package and Delivery
You have 2 options to receive your Experience Ticket or Sublime Gifts Certificate which are detailed elsewhere on the Website. Unless you choose otherwise, you will receive all details including the Experience Ticket or Sublime Gifts Certificate via email.
Return To Top
15. Complaints
We have taken great care in choosing quality Suppliers to promote through the Website. If you have a problem or complaint during or after your experience, you should bring it to the attention of the Supplier and it is their responsibility to use all reasonable endeavours to resolve any issue or complaint that is made by you in relation to the experience. If the complaint is unable to be resolved, you should then contact us at admin@sublimegifts.com.au or 1800 SUBLIME with your concerns. If we determine that a complaint has not been first addressed with the Supplier, you will be directed back to the Supplier before we will be required to take steps to resolve the matter.
16. Comply with laws
In using the Website you must not: (a) violate any applicable laws; (b) impersonate any person; (c) post any material or content that: (i) infringes the intellectual property rights of any third party or post any material or content that you do not have the right to post; (ii) is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity; (iii) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email; (d) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; (e) collect or store personal data about other users of the Website; or (f) engage in any other conduct that inhibits any other person from using or enjoying the Website.
17. Representations and warranties
You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions.
18. Indemnity
You agree to defend, indemnify and hold harmless us, our officers, directors, and employees, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising in connection with your use of the Website or resulting from, or alleged to result from, your use of the Website, or your violation of any of these terms and conditions.
19. Variation of the Website
You acknowledge that we may, in our sole and absolute discretion and without any notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
20. Privacy policy
In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with any privacy policy we may institute from time to time or in accordance with applicable law and you acknowledge that this forms part of these terms and conditions.
21. Termination
If you breach (or we reasonably believe you have breached) these terms and conditions, or if we determine (or have reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of the Website without notice to you. We will have no further obligation to you. Except as specifically provided for in these terms and conditions, upon deactivation, cancellation, suspension or termination, you will not be entitled to any compensation or damages, nor will you be relieved of any obligation you agreed to or incurred during your use of the Website.
22. General
(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. (b) These terms and conditions are governed by the laws of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia. (c) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices. (d) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.
