Gift card terms and conditions

1. Thanks for choosing our gift card ("Gift Card") which is offered to you by Precinct.  When we refer to "Precinct", "we", "us" or "our", we mean Precinct Properties New Zealand Limited and any entities controlled by it as well as Precinct Properties Management Limited, its manager.  

2. The below terms and conditions ("Terms") and our Privacy Policy ("Privacy Policy") apply where you purchase a Gift Card from us or use it.  Our Privacy Policy is available here.

3. We may change these Terms from time to time.  We will post updated Terms on our App and on our www.commercialbay.co.nz website ("Website").  

4. You agree to these Terms whenever you purchase or use a Gift Card. If you allow another person to use or take possession of your Gift Card, you must tell that person that they will be bound by these Terms.

Privacy

5. Our Privacy Policy explains how we collect, store, disclose, use and protect your personal information.  Our Privacy Policy is available here. It is important that you familiarise yourself with our Privacy Policy, so please take the time to read it.    

6. We may use or disclose your personal information for marketing or research purposes like contacting you with offers, services, products, events or other benefits provided by Precinct, retailers operating at Commercial Bay or Precinct's business partners where they may of interest to you.  

How you can purchase a Gift Card

7. You can purchase a Gift Card in the following ways:

(a) In person at the concierge desk of one of our properties.

(b) Via our App. If you purchase via the App, we can provide the Gift Card to you in the following ways:

(i) Send it to a physical address specified by you.

(ii) Physical pick up from the concierge desk at one of our properties.  You will need to bring valid photographic proof of your identification like a drivers licence or passport.

8. You can load a Gift Card, or where multiple Gift Cards are purchased, each Gift Card, with a minimum value of $20 and a maximum value of $1000.  

9. You can purchase a Gift Card using a Credit Card, Debit Card or any other payment we accept from time to time if you purchase via the App provided you have a New Zealand account.  If you purchase the Gift Card at one of our properties, you can use these payment methods.

Our Gift Cards

10. Our Gift Cards can be redeemed for products or services sold by applicable retailers. Gift Card purchases are equivalent to purchases made by cash payment. Gift Cards are not redeemable for cash, nor are they legal tender, account cards, credit or debit cards or securities.

11. Gift Cards and the value loaded onto them expire 12 months after the date of issue. Please use the Gift Card before expiry as, once expired, the Gift Card and any value remaining on it are forfeited. Unused balances as at expiry will not be refunded andany transactions attempted after expiry will not work. You can find out more about your Gift Card expiry date via the App.

12. Please keep your Gift Card secure as they can be used by anyone who has access to them and are not replaceable if they are lost or stolen.

13. There are a couple of things you cannot do with your Gift Card:

(a) You cannot increase (including using and reloading an amount), the balance of a Gift Card once issued.

(b) You cannot merge the balances of several Gift Cards onto a new Gift Card.

(c) You cannot alter the Gift Card in any way (including (including tampering and unauthorised markings).

(d) You cannot copy or reproduce your Gift Card in any circumstances (or let someone else do it whether you intended to or not).

14. If your Gift Card is altered, copied or reproduced it will be void and irredeemable.

15. We are not involved when you purchase a product or service from a Commercial Bay retailer using your Gift Card. We and our officers, directors, employees and agentsmake no warranty regarding the availability, quality or fitness for purpose of any goods or services purchased with the Gift Card, nor are we liable in these respects. If you are concerned about goods or services you have purchased, you must resolve the dispute with the retailer who you purchased them from.

16. If you wish to return goods to the Commercial Bay retailer you purchased them from with your Gift Card, it is not possible to reimburse funds to the Gift Card. The retailer will need to provide a refund or credit, subject to the retailer terms and conditions under which the original purchase was made at the store and any remedies available to you under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.  

17. We reserve the right to cancel any Gift Card, or the Gift Card programme, at our sole discretion without notice. If this occurs, the balance on all valid Gift Cards will be refunded to the holder on presentation of the Gift Card.

Disclaimers

18. Please check all of the information that you supply us with when purchasing a Gift Card is correct as you warrant that the information you provide is accurate.  We and our officers, directors, employees and agents take no responsibility if the Gift Card is obtained and used by the wrong person where you have provided the wrong contact details, or the Gift Card Communication is lost or stolen, unless this is Precinct's fault. Our disclaimer is subject to remedies available to you under applicable New Zealand consumer law.

Liability

19. To the fullest extent permitted by law, including under the Consumer Guarantees Act and Fair Trading Act, we and our officers, directors, employees and agents exclude:

(a) all warranties and representations in connection with these Terms or in relation to the Services whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the Services; and

(b) all liability in connection to these Terms or in relation to the Services whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, punitive or special loss or damage, loss of profits, revenue or goodwill, loss of data, loss of savings, loss of opportunity, personal injury or property damage)

20. if applicable law implies terms which cannot be lawfully excluded, restricted or modified, then those terms will apply and, to the extent to permitted by law, our liability will be limited at its option to (i) in the case of services, resupplying the service or payment of the cost of resupply; and (ii) in the case of goods, replacing or repairing the goods or payment of the cost of repair or replacement.  

21. This clause does not affect your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

General terms

22. In these Terms, the words “including” and “include” mean “including, but not limited to.”

23. Remedies: Termination of these Terms will not affect any legal remedies we may have.  

24. Survival: Any provision of these Terms which expressly or by implication is intended to continue in force after termination of these Terms shall remain in full force and effect.

25. Entire agreement: Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings.

26. Invalidity: Nothing in these Terms has the effect of excluding, restricting or modifying rights which cannot lawfully be excluded, restricted or modified by agreement.  If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.

27. Governing law: These Terms are governed by New Zealand law and the courts of New Zealand shall have the non-exclusive jurisdiction.

Questions

28. If you have any questions about gift cards, or queries to raise, please contact us at hello@precinct.co.nz.