1. BARBOSSA MEMBERSHIP PROGRAM TERMS AND CONDITIONS
1.1 These Terms and Conditions govern the rewards program known as Barbossa Membership Program. It is every Member’s responsibility to read and understand them.
1.2 These Terms and Conditions are effective as at the date specified above and may be amended by Barbossa Bar & Bottle Shop, from time to time in accordance with clause 4. Any amendments to the Terms and Conditions will be available on the Website and take effect immediately at the time they appear on the Website.
In these Terms and Conditions unless the context otherwise requires:
‘Barbossa Bar & Bottle Shop’ its executors, administrators, successors and permitted assigns;
‘Barbossa Staff Member’ means an employee, agent or contractor of Barbossa Bar & Bottle Shop, its Related Bodies Corporate or any Participating Venue;
‘Australian Consumer Law’ has the meaning given in the Competition and Consumer Act 2010 (Cth);
‘Benefits’ means any discounts, bonuses, prize draws or other arrangements offered or available to a Member as a result of Membership.
‘Gift Card’ means a gift card issued to a Member as a Reward pursuant to these Terms and Conditions, which may be used for payment, towards the goods and services offered by a third party, up to the dollar value stored on the gift card;
‘Member’ means a person who is a member of Barbossa Membership Program;
‘Membership’ means membership of Barbossa Membership Program; ‘Babrossa Card’ means the card issued by Barbossa Bar & Bottle Shop to Members in relation to their Membership;
‘Personal Information’ means any information or opinion (irrespective of the medium in which this is stored or kept) about Members, whether true or not, from which the identity of Members can be reasonably ascertained including without limitation:
1. details in relation to your patronage of the Venue;
2. details in relation to your use of Voluntary Pre-Commitment;
3. details in relation to requests you have made for Rewards (and the outcome of those requests); and
4. your personal details such as name, address, phone number, email address , date of birth and any other information provided in your Membership application form;
‘Promotional Offers’ means the ad hoc or targeted promotional offers to Members or groups of Members that may change from time to time;
‘Related Bodies Corporate’ has the meaning given to it in the Corporations Act 2001 (Cth);
‘Rewards’ means items, Venue Vouchers, Gift Cards, Third Party Offers, goods or services described as rewards on the Website from time to time that are available to a Member as a result of achieving certain criteria;
‘Terms and Conditions’ means these terms and conditions as amended from time to time; ‘Third Party Offer’ means an offer to a Member made by a third party permitted by, but not related to, Barbossa Bar & Bottle Shop as an adjunct to Barbossa Membership Rewards;
‘Venue Voucher’ means a voucher issued to a Member as a Reward pursuant to these Terms and Conditions, which may be used for payment, towards food and beverages, up to the dollar value shown on the voucher;
3.1 Membership is only available to patrons who are aged 18 years or over. Membership is only open to individuals and not corporations or other entities. Employees of Barbossa, its Related Bodies Corporate may become Members or continue Membership if permitted by and in accordance with the applicable Barbossa Bar & Bottle Shop policy from time to time.
3.2 A person may apply to become a Member upon presenting original identification (see clause 3.4 for acceptable forms of identification) and completing a Barbossa Membership application form. By signing & submitting the Barbossa Membership application form each Member acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.
3.3 A person’s Membership becomes effective from the time their details have been entered into the Barbossa Membership Program database and a Barbossa Membership Card has been issued at which time the Member offer constituted by the application shall be deemed accepted by Barbossa Bar & Bottle Shop and the Member will thereby, without more, be bound by these Terms and Conditions, subject to clause 3.9.
3.4 Acceptable forms of identification include a current driver’s licence or learner permit, current passport, proof-of-age card, Keypass (in all States or Territories other than NSW and WA), or foreign driver’s licence if such documents contain a photo of the person to whom it is issued and indicate by reference to the person’s date of birth or otherwise that the person has attained the age of 18.
3.5 Membership is granted and maintained at the discretion of Barbossa Bar & Bottle Shop.
3.6 Barbossa Bar & Bottle Shop may exclude or suspend any person from participation in the Barbossa Membership Program.
3.7 The Member undertakes to notify Barbossa Bar & Bottle Shop as soon as possible, of any change of name, address or other identifying details and present appropriate identification as required to validate such change.
4. CHANGES TO BARBOSSA MEMBERSHIP PROGRAM
4.1 Barbossa Bar & Bottle Shop may make any changes (whether material or otherwise) to Barbossa Membership Program from time to time and without prior notice to the Member, including without limitation, the Terms and Conditions and associated Benefits & Rewards.
4.2 It is every Member’s responsibility to ensure that they keep themselves informed of any amended Terms and Conditions and associated Benefits, Rewards by accessing the Website.
4.3 Barbossa Bar & Bottle Shop may, at any time, cancel Barbossa Membership Program in whole or in part or suspend it for any reason after 90 days’ notice on the Website.
4.4 Barbossa Bar & Bottle Shop will use its best efforts to provide Members with 30 days’ notice (via the Website, email or post) of any material changes made pursuant to clause 4.1, where it has been determined by Barbossa Bar & Bottle Shop that such changes will have a detrimental effect on Members.
5. BARBOSSA MEMBERSHIP CARDS
5.1 A person is only entitled to one Membership number and is permitted only one Barbossa Membership Card displaying that number.
5.2 All Barbossa Membership Cards remain the property of Barbossa Bar & Bottle Shop and must be returned to an Barbossa Staff Member on request.
5.3 Without prejudice to clause 3.3, each use of a Barbossa Membership Card is deemed acceptance of these Terms and Conditions.
5.4 It is the sole responsibility of the Member to protect their Barbossa Membership Card and take precautions against loss or unauthorised use.
5.5 A Barbossa Membership Card issued to a Member may only be used by that Member for the purposes of their Membership. The Member must not give their Barbossa Membership Card to another person or Member for any purpose whatsoever. An Barbossa Staff Member may require a person to produce identification satisfactory to that Barbossa Staff Member for the purposes of verifying that a Babrossa Membership Card is being used by the relevant person to whom it was issued and such person must immediately comply with such request.
5.6 Members must notify Barbossa Bar & Bottle Shop as soon as is reasonably practical of any damage, loss or theft of their Barbossa Membership Card. Barbossa Bar & Bottle Shop may replace a damaged, lost or stolen Barbossa Membership Card at its discretion subject to the relevant Member satisfying Barbossa Bar & Bottle Shop identification requirements.
6.1 Rewards are offered subject to change and availability. Barbossa Bar & Bottle Shop shall not be responsible for the unavailability or withdrawal without notice of any particular Rewards and may accept or reject any request to receive a Reward.
6.2 Once issued, Rewards cannot be refunded, returned or exchanged for cash or replaced if lost or stolen. No change can be given on the unused portion of a Reward.
6.3 Particular Rewards may be subject to terms and conditions in addition to these Terms and Conditions.
6.4 Barbossa Bar & Bottle Shop and its Related Bodies Corporate exclude and limit liability in relation to Rewards pursuant to the terms of clause 11.
7. PROMOTIONAL OFFERS
7.1 Barbossa Bar & Bottle Shop may make Promotional Offers to individual Members or groups of Members and to the exclusion of other Members.
7.2 Barbossa Bar & Bottle Shop and its Related Bodies Corporate exclude and limit liability in relation to Promotional Offers pursuant to the terms of clause 11.
8. THIRD PARTY OFFERS
8.1 Barbossa Bar & Bottle Shop may notify Members of Third Party Offers from time to time. Even though Membership may provide a Member with the notification, Members acknowledge and agree that Third Party Offers are not provided by Barbossa Bar & Bottle Shop but by third parties.
8.2 Third Party Offers may be subject to terms and conditions of the third party supplier and may be withdrawn at any time without notice or giving reasons.
8.3 Barbossa Bar & Bottle Shop and its Related Bodies Corporate exclude and limit liability in relation to Third Party Offers pursuant to the terms of clause 11.
9. OPT-OUT / SURRENDER/ SUSPENSION / TERMINATION OF MEMBERSHIP
9.1 If the Member wishes to surrender their Membership they may do so at any time by completing the Membership Surrender form (available on the Website or from an Barbossa Staff Member) and delivery of same together with their Barbossa Membership Card to an Barbossa Staff Member.
9.2 Barbossa Bar & Bottle Shop may suspend or terminate a Member’s Membership, where it has determined that a Member has failed to comply with these Terms and Conditions, has engaged in dishonest or fraudulent activity, has been intimidating or disruptive to patrons or staff, is suffering mental incapacity, is causing or is likely to cause reputational damage to Barbossa Bar & Bottle Shop and/or its Related Bodies Corporate and/or a Participating Venue or where required to do so by law.
9.3 Membership will immediately and automatically terminate upon the death of the Member.
9.4 Unless Barbossa Bar & Bottle Shop determines otherwise, if a Member’s Membership has been suspended, that Member will not be entitled to participate in Barbossa Membership Rewards, take advantage of Benefits, or claim any Rewards pending further notice from Barbossa Bar & Bottle Shop.
10.2 To contact Barbossa Bar & Bottle Shop in relation to privacy issues please contact Tepil Cafer at 7/166 Grey Street, South Brisbane QLD 4101. Barbossa Bar & Bottle Shop may use Personal Information collected about each Member for the purposes of:
10.2.1 meeting any of its commitments to a Member;
10.2.2 disclosing that information to any third party service provider who it engages to assist in meeting its commitments to Members;
10.2.3 marketing products or services to Members;
10.2.4 disclosing that information to a third party service provider who it engages to assist Barbossa Bar & Bottle Shop in marketing products or services to Members;
10.2.5 improving customer service (including by product development, research and marketing initiatives and analysis (including analysis of a Member’s acquisition of goods and services));
10.2.6 complying with any law or administrative requirement of any government, regulatory or judicial agency or stock exchange; and
10.2.7 allowing any Related Bodies Corporate or a Participating Venue to direct market their products or services to Members.
10.3 If persons do not provide all or some of the Personal Information that is requested, Barbossa Bar & Bottle Shop may refuse Membership.
10.4 Generally, Barbossa Bar & Bottle Shop uses systems located within Australia. However, from time to time we may send your information overseas to service or product providers or other third parties who operate or hold data outside Australia or its external territories. We take reasonable steps to ensure that appropriate data handling and security arrangements are in place.
10.6 Members expressly consent to receiving marketing and promotional material from Barbossa Bar & Bottle Shop, its Related Bodies Corporate or any existing or prospective Participating Venue in relation to Barbossa Membership. Members may opt-out of receiving such material by following the process advised to them in that material.
10.7 Members expressly consent to the receipt of marketing and promotional material from Barbossa Bar & Bottle Shop, its Related Bodies Corporate by post, SMS, MMS, email or any other electronic form. Barbossa Bar & Bottle Shop and its Participating Venues will comply with the Spam Act 2003 (Cth) in relation to the sending and their receipt of electronic commercial messages.
11. LIMITATION OF LIABILITY
11.1 To the extent that Barbossa Membership Program and/or anything received by a Member pursuant to these Terms and Conditions constitutes a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, Barbossa Bar & Bottle Shop and its Related Bodies Corporate do not exclude, restrict or modify any non-excludable obligations, terms, conditions, guarantees or warranties. In all other respects and to the extent permitted by law:
(a) Barbossa Bar & Bottle Shop and its Related Bodies Corporate exclude all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including, without limitation, loss of opportunity, loss of profits or any other monetary loss or damage) whether direct, indirect, special or consequential, arising in any way, whether directly or indirectly, out of Barbossa Membership Program;
(b) Barbossa Bar & Bottle Shop and its Related Bodies Corporate exclude all express and implied warranties relating in any way, whether directly or indirectly, to Barbossa Membership Program; and
(c) Barbossa Bar & Bottle Shop and its Related Bodies Corporate limit liability to allocating to the relevant Barbossa Membership Card the number Benefits which Barbossa Bar & Bottle Shop considers appropriate in connection with the circumstances in which the relevant claim arose.
12.1 Unless otherwise specified where Barbossa Bar & Bottle Shop or an Barbossa Staff Member exercises a right or discretion under these Terms and Conditions, it does so in its absolute discretion and without giving notice or reason.
12.2 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
12.3 Barbossa Bar & Bottle Shop’s decisions in respect of Barbossa Membership Program are final and binding.
12.4 Any tax liabilities and other duties arising from the receipt of any Benefits and/or Rewards are and remain the sole responsibility of the Member.