LOVE GC CARDS TERMS AND CONDITIONS

EGC LOVE GC CARD PROGRAM

 

MASTERCARD GIFT CARDS

The LoveGC Card is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131. See below for detailed terms and conditions, card expiry and to check card balance.

 

  1. Instructions on how to claim and the LOVE GC Card(s) form part of these Terms and Conditions. Participation in this program is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
  2. The program is only open to Australian residents aged 18 years or over.
  3. The program commences on 31/03/25 and will be available whilst advertised, or until 50,000 LOVE GC Cards have been claimed, whichever is first to occur (“Offer Period”). 
  4. To participate in the program, individuals must, during the Offer Period, visit the Experience Gold Coast Shopify website at www.lovegccards.com and purchase a $100.00 pre-paid digital LOVE GC Card. At the time of checking out online, the first fifty thousand (50,000) valid claimants who make a purchase will each be awarded a $100.00 digital pre-paid LOVE GC Card at the price of $50.00 (plus any transaction fees associated with the pre-paid digital LOVE GC Card).  For the avoidance of doubt, at the time a valid claimant makes their purchase, instead of being charged $100.00 for their $100.00 pre-paid digital LOVE GC Card, the valid claimant will only be charged $50.00 (plus any transaction fees associated with the pre-paid digital LOVE GC Card) for their $100.00 pre-paid digital LOVE GC Card. Claimants are responsible for ensuring that all details entered at the time of making their purchase (such as their mobile number) are correct. The Promoter will not reissue a pre-paid digital LOVE GC Card or refund any claimant for their purchase, should the details provided by the claimant be incorrect
  5. If a valid claimant’s purchase is completed during standard business hours (9:00am AEDT/AEST - 5:00pm AEDT/AEST), the pre-paid digital LOVE GC Card activation link will be sent via SMS within twenty-four (24) hours. However, if a valid claimant’s purchase is made outside of standard business hours, the pre-paid digital LOVE GC Card will be sent via email on next business day.
  6. The pre-paid digital LOVE GC Card is a closed-loop Mastercard gift card issued by EML Payment Solutions Limited (“EML”) ABN 30 131 436 532 AFSL 404131  and is only redeemable at select Gold Coast merchants (see https://experiencegoldcoast.com/love-gc-deals for a list of Gold Coast merchants where the pre-paid digital LOVE GC Card can be redeemed). The list of participating merchants is subject to change and claimants must check the Promoter’s website regularly for the most up-to-date participating merchants.  The pre-paid digital LOVE GC Card may only be used in relation to certain products and services offered by a selected Gold Coast merchant.  If a claimant attempts to make a purchase at a non-participating merchant using their LOVE GC Card, a fee in the amount of $0.10 will be deducted from the total balance of the LOVE GC Card. This fee will be deducted for each unsuccessful purchase at a non-participating merchant. If in doubt, claimants should ask a staff member at the merchant whether they are participating in the program and accept the LOVE GC Card. Standard merchant transaction fees apply when making a purchase using the LOVE GC Card at a participating merchant.     
  7. The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the program. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  8. Incomplete or indecipherable claims will be deemed invalid.
  9. Only one (1) claim is permitted per person. 
  10. Program is strictly limited to the first fifty thousand (50,000) valid claims received.
  11. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. Any ancillary costs associated with redeeming the pre-paid digital LOVE GC Card are not included. Any unused balance of the pre-paid digital LOVE GC Card will not be awarded as cash. Redemption of the pre-paid digital LOVE GC Card is subject to any terms and conditions of the issuer as set out under ‘EXPERIENCE GOLD COAST DIGITAL GIFT CARD’ below including those specified on the pre-paid digital LOVE GC Card. To activate the pre-paid digital LOVE GC Card, claimants must download the EML Get My eCard app and follow the activation steps provided to them on the EML Get My eCard app. For further details, see section ‘EXPERIENCE GOLD COAST DIGITAL GIFT CARD’ below. Any purchases made using the pre-paid digital LOVE GC Card will also be subject to the specific merchant’s Terms and Conditions.
  14. If for any reason a claimant does not take/redeem a pre-paid digital LOVE GC Card by the time stipulated by the Promoter, then the pre-paid digital LOVE GC Card will be forfeited.
  15. Pre-paid digital LOVE GC Cards, or any unused portion of a pre-paid digital LOVE GC Card, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
  16. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this program (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  17. If this program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the offer, as appropriate.
  18. Any cost associated with accessing the program website is the claimant’s responsibility and is dependent on the Internet service provider used. 
  19. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the program.
  20. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in pre-paid digital LOVE GC Card value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (g) use of the pre-paid digital LOVE GC Card.
  21. The Promoter collects personal information ("PI") in order to conduct the program and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and pre-paid digital LOVE GC Card suppliers. Participation is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://experiencegoldcoast.com/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All claims become the property of the Promoter.  The Promoter will not disclose PI to any entity outside of Australia.
  22. The Promoter is Experience Gold Coast (ABN: 77 633 448 094) of Oracle North, Suite N 301/12 Charles Ave, Broadbeach QLD 4218, telephone: 07 5592 2699 (“Promoter”).

EXPERIENCE GOLD COAST DIGITAL GIFT CARD

 

These Terms and Conditions apply to your Experience Gold Coast Digital Gift Card (“Card”). The Card is issued by EML Payment Solutions Limited (“EML”) ABN 30 131 436 532, AFSL 404131 and distributed by Experience Gold Coast Pty Ltd ABN 77 633 448 094 (“Experience Gold Coast”). In these Card Terms and Conditions, “we”, “us” or “our” means EML and Experience Gold Coast; and “you”, “your” or “user” means the cardholder. If you acquire the Card you will have a contract with us. 

When we refer to a Card, it means the digital card issued by EML and where we refer to Card Details, we are referring to the card number, expiry date and the 3-digit CVV number (security number).
When we refer to a Tokenised Card it means a card that has had sensitive personal information (including, but not limited to, a PAN) substituted for a unique identifier (token) and stored within a Device Wallet for you to use as payment.

When we refer to a Digital Wallet, we are referring to Apple Pay, Google Pay or Samsung Pay or any other digital wallet provider capable of provisioning the Card to your Device.

When we refer to a Device, we are referring to a mobile or wearable device that allows you to store or otherwise add a Card to a Digital Wallet.

Where we refer to the App, we are referring to the Get My eCard app.

Where we refer to the Website, we are referring to https://experiencegoldcoast.com.

    Accepting the Card and agreeing to these Terms and Conditions
  1. You agree to be bound by these Terms and Conditions by using the Card in any capacity including, but not limited to, using any Card features, provisioning the Card into your Device, or completing a transaction with the Card. 
  2. If you allow other users of the Card, you must provide them with these Terms and Conditions. The Card remains our property.
  3. Use and access to the Tokenised Card is subject to your respective Device capability. This means your Device must have the ability to store the Card and make a purchase using a Digital Wallet.

    How and where you can use the Card
  4. The Card is a single-load digital prepaid gift card that you can use for purchasing goods and services at certain allowed merchants and terminals as set out on the Website.
  5. Attempts to use the Card at merchants or terminals that are not allowed will result in a declined transaction.
  6. The Card must be activated prior to use and expiry. To activate the Card, you must follow the activation steps provided to you on the App.
  7. The Card Details will be available to view on the App.

    Limitations of the Card
  8. The Card is not reloadable.
  9. The Card is not a credit card and nor is it linked to a deposit account with us.
  10. The Card cannot be used to obtain or redeem cash. You may not use the Card to withdraw cash.
  11. The Card cannot be used at ATMs or over-the-counter at financial institutions. 
  12. The Card cannot be cancelled.
  13. The Card cannot be used for making direct debit, recurring, or regular instalment payments.
  14. Use of the Card will be declined at merchants outside of the list of allowed merchants. We are not liable in any way when authorisation is declined for any particular transaction except where the authorisation has been declined because of an act or omission on our part.

    Transaction and balance limits
  15. The following table illustrates the transaction and balance limits applicable to the Card, and is subject to the available balance of the Card at the time if that is lower. Merchants or other providers of facilities may impose additional limits.

    EML Transaction and balance limits.png

    Checking your Card balance and transaction history
  16. You acknowledge and agree that we do not provide you with paper statements. Card transaction activity and balance information can be found by accessing the App.
  17. You are responsible for checking your transaction history and knowing the available balance for the Card.
  18. You are responsible for ensuring the availability of sufficient funds for all transactions. 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. In the event the available amount on the Card is less than the purchase amount, some merchants may not allow you to combine multiple payment types (such as cash, cheque or another payment card) to complete the transaction.

    Validity and Card Expiry
  19. The Card is valid for three (3) years until the expiry date shown on the Card in your Digital Wallet on your Device. The Card cannot be used after expiry and cannot be replaced.
  20. To check the Card expiry date, you can go to the App or view the expiry date on the Card in your Digital Wallet.
  21. The Card cannot be used after expiry. After its expiry, any remaining balance will be forfeited, and the Card will be declined when presented for use. We will not give you any notice before this happens.

    Your Card, your Responsibility
  22. The Card is like cash. Unauthorised transactions can happen using the Card if the Card is lost or stolen, a personal identification number (“PIN”) is revealed to any other person, or because of fraud.
  23. We have no obligation to replace or refund value for misused, lost, stolen or damaged Cards 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).
  24. You are responsible for all transactions on the Card, except where there has been fraud, negligence or wilful misconduct by us (including that of our officers, employees, contractors or agents).
  25. Except to the extent caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents), we are not liable for any loss or damage arising out of or in any way related to the use of the Card, including.
    a. if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
    b. if you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card;
    c. the availability of merchants who allow the use of the Card or Device for payment;
    d. reduced levels of service caused by the failure of third-party communications and network providers;
    e. if you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method;
    f. the use, functionality or availability of a Device; or
    g. if your Device security measures are compromised, you allow others access to your Device or to otherwise circumvent the security measures of your Device.

    Refunds or exchanges
  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 or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund then you will have no access to those funds.

    Errors and complaints
  27. If you notice any error relating to the Card or have a query about the Card, you should notify Experience Gold Coast immediately by sending an email to  lovegc@experiencegoldcoast.com.
  28. 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. If you cannot resolve the dispute with the merchant or have a complaint you can send an email to lovegc@experiencegoldcoast.com.
  29. If we discover an error in the amount of funds loaded, reloaded, received or used for any reason, we are authorised to rectify the error without further notice to you, including but not limited to debiting the equal amount of funds found in error from your Cards available balance.

    Fees and Charges
  30. We do not charge any fees for using the Card except for those stated in the table below. However, to the extent permitted by law, some merchants may charge you for using the Card and such fees may be deducted from the balance of your Card at the time of the transaction.
  31. You agree to pay and authorise us to debit from the Card balance all fees and charges listed in the table below immediately as they are incurred.

    EML Fees and charges.png

  32. A 2.99% foreign exchange conversion fee applies to transactions in any currency other than Australian dollars and is calculated on the Australian dollar transaction amount. This will be included in the total transaction amount debited to the Card.

    Privacy and confidentiality
  33. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and where necessary to operate the Card and process transactions. Our Privacy Policies are available at:

    EML: https://www.emlpayments.com/privacy
    Experience Gold Coast: https://experiencegoldcoast.com/privacy-policy

    Changes to these Conditions of Use
  34. We reserve the right to change these Terms and Conditions at any time. Except where we are required by a law to do so, or the change is materially adverse to you, you will not receive advance personal notice of such changes. If the change is materially adverse to you, we will notify you at least 14 days before the effective date of the change. However, if the change is made for one or more of the following reasons we can implement such change without prior notice:
    a. to comply with any change or anticipated change in any relevant law, code of practice, or guidance;
    b. to reflect any decision of a court, ombudsman or regulator; or
    c. for security reasons where reasonably necessary to address security concerns or vulnerabilities.
  35. Any changes to these Terms and Conditions can be viewed at the Website.