DEFINITIONS

In the Terms and Conditions:

“Activate” means the initial loading of value onto a Fink Restaurant Gift Card.

“Card Balance” means the unspent value of a Gift Card.

“Card Number” means the 22-digit number that appears on the back of a Gift Card.

“Expiry Date” means the date, being stated on the reverse of the Gift Card, after which, any remaining funds on a Gift Card will not be available for redemption. Gift Cards have a 36 month expiry date from the date of purchase.

“Gift Card” is the Fink Restaurant Gift Card which is the subject of these Terms and Conditions.

“Fink” means Fink and Company and all Related Bodies Corporate of the Company from time to time, jointly or severally and Group Member means any member of the Group.
Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth) and includes the successors, transferees and assigns of each Related Bodies Corporate.

“Fink Restaurants” are all hospitality venues owned and operated by Fink, full details of which can be found at the Fink Website www.finkgroup.com.au. 

“PIN” means the 4 digit access number printed on the reverse of a Gift Card.

“Redeem” means to reduce the value loaded on your Gift Card by using the Gift Card to purchase goods or services at Fink restaurants.

“Website” means www.shop.finkgroup.com.au

A reference to “we“, “us“, or “our” is a reference to Fink. A reference to “you” or “your” is a reference to the person who is taken to agree to these terms and conditions.

1. AGREEING TO THE TERMS AND CONDITIONS

1.1. These Terms and Conditions apply to all Fink Gift Cards (“Gift Card”) and may be updated at Fink’s discretion from time to time.
1.2. Gift Cards become subject to the Terms and Conditions upon purchase.
1.3. Gift Cards are only able to be redeemed at a Fink restaurant.
1.4. It is the purchaser’s responsibility as the purchaser to ensure that the recipient of the Gift Card is aware of the Terms and Conditions that apply to the Gift Card.
1.5. You agree to be bound by these Terms and Conditions by purchasing, activating, using, or attempting to use a Gift Card or by making a transaction enquiry or exercising any right to redeem value loaded on a Fink Gift Card.
1.6. By purchasing, activating, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to redeem value loaded on a Gift Card, you warrant that you will comply with these terms and conditions and all applicable laws and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
1.7. Your use of the Gift Card at a Fink restaurants is subject at all times to the policies (and, where applicable, other terms and conditions) of Fink regarding the goods and services made available by it.

2. PURCHASING A FINK GIFT CARD

2.1. Gift Cards can be purchased online at www.shop.finkgroup.com.au
2.2. You may purchase a Gift Card by following the instructions on the Fink online shop website shop.finkgroup.com.au. Your Gift Card order (“Order”) will be submitted once you have completed the payment details including your acceptance by activating the “Complete Purchase” button. Orders will be deemed to have been received by Fink at the time Fink sends an order confirmation to your nominated e-mail address.
2.3. A minimum value of $50 and a maximum of $1,000 can be loaded on each Gift Card. For purchases exceeding AUS $5,000 in value, email reservations@finkgroup.com.au
2.4. Fink reserves the right to not accept Orders, including those that request commercial quantities of Gift Cards. If Fink is unable to supply your total Order it will endeavour to contact you to discuss whether you wish to proceed with the part of the order.
2.5. Payment for online orders can only be made by American Express, Diners Club, Visa or MasterCard. You may provide your nominated debit or credit card details during the purchase process described on the Fink website.
2.6. Once you click on “Complete Purchase”, Fink will process payment for your Order via a payment gateway, including any delivery charges, credit card surcharge and service fees as detailed on the final screen where you indicate your acceptance of this Order (“Total Amount”). By completing the final screen you authorise Fink to debit the Total Amount from your nominated charge card or credit card.
2.7. If your nominated payment card is declined by your financial institution, Fink will not be required to fulfil the Order.
2.8. Fink may at any time decide not to accept payment from you by charge card or credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed.
2.9. Upon purchasing a Gift Card, guests are advised to register their Gift Card by creating an account at shop.finkgroup.com.au and registering their Gift Card using the 22-digit number on the reverse side of the card.
2.10. Subject to payment, property and risk in the Gift Card passes to you upon dispatch of the Gift Card to your nominated e-mail address.
2.11. Fink reserves the right to cancel any Order at any time, without notice, for any reason.

3. REDEEMING A FINK GIFT CARD

3.1. Fink Gift Cards can be across all Fink restaurants for any in-venue bar and dining experiences, and in-venue merchandise purchases. Visit https://shop.finkgroup.com.au/restaurants to view all redeemable venues. Please see our FAQ section at https://shop.finkgroup.com.au/faqs for common questions and queries regarding our gift card program.
3.2. Fink Gift Cards cannot be used for reservation pre-payments, for example for special event days including Valentine’s Day, Mother’s Day, Christmas Day, and New Year’s Eve, or online merchandise purchases.

3.3. Gift Cards can be redeemed by entering the Gift Card number at the point of payment at any Fink venue. Your gift card number can be found on the reverse side of your Gift Card, or on your digital gift card e-certificate.

3.4. Where the total of the transaction within the Fink venue exceeds the remaining Gift Card balance, you must pay the amount exceeding the Gift Card balance by an alternative payment method, acceptance of which is at the discretion of Fink.
3.5. Fink Gift Cards are valid for 36 months from the date of purchase. Our record of your expiry date is final. Once your Gift Card has expired it cannot be re-activated and any unspent value will be forfeited.
3.6. Any balance amount that remains on the Gift Card after expiry will not be available for use, except as required by law.
3.7. Gift Cards are not redeemable for cash in any way, including balance amounts.
3.8. Balance enquiries can be made at any time by viewing the Gift Cards page on www.shop.finkgroup.com.au or in any Fink venue at the Point Of Sale. The Gift Card number and pin number will be required.
3.9. When redeeming a Gift Card, tips or gratuities may be included within the amount charged to the Gift Card, at the user’s discretion.
3.10. Gift Card holders are not required to use the entire available balance in one transaction. However, no change or refund will be given, and the remaining available balance may be applied to future purchases until the Fink Gift Card expires or the balance reaches $0.
3.11. Gift Cards cannot be used to purchase additional Gift Cards or for online merchandise purchases.
3.12. Gift Cards cannot be topped up with additional credit.

4. LOST OR STOLEN GIFT CARDS

4.1. You as the purchaser or the Gift Card recipient are liable for all transactions on your Fink Gift Card.
4.2. In the event of reasonably suspected or proven fraudulent and/or improper use of the Gift Card, Fink reserves the right to suspend (pending investigation) or cancel any Gift Card without notice.
4.3. Fink is not liable for any Fink Gift Cards that are sold through any third parties.
4.4. Gift Cards must be treated like cash. If your Gift Card is damaged, please contact reservations@finkgroup.com.au. However, we have no obligation to replace or refund value for lost or stolen Gift Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions.

5. RELATIONSHIP WITH FINK

5.1. Gift Cards maybe used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain prior written approval from Fink.
5.2. Use of the Fink name or associated brands, or any names or logos of any Fink venue or entity (other than in connection with the purchases or use of Gift Cards), is strictly prohibited without prior consent of Fink.
5.3. For any approval requests for marketing, advertisements, or other promotional activities, please contact Fink via email at reservations@finkgroup.com.au.

6. PRIVACY COLLECTION NOTICE

6.1. This Notice explains how Fink and its affiliates manage your personal information and complaints. More information can be found on Our Privacy Policy at https://finkgroup.com.au/privacy-policy-2/
6.2. Upon purchasing a Gift Card, we collect purchasers’ personal information directly from purchasers wherever practicable. We may collect personal information from our related companies or other third parties.
6.3. We will use your personal information primarily to provide Gift Cards, confirm and maintain Gift Card, and provide information about the products and services you have requested offered by us. We will also use this information for research to improve our products and services. If you do not provide us with that information, we may be unable to process your Gift Card purchase.
6.4. We may disclose your personal information, including updates, to agents or contractors acting on our behalf and regulatory authorities where required by law.
6.5. Our Privacy Policy sets out how you can access and make a request to correct your personal information we may hold about you, or to make a privacy complaint, and how we will deal with the complaint.
6.6. By purchasing a Gift Card and providing us with your contact details, a Gift Card purchaser thereby consents, without the requirement for any further act or omission, to the Promoter contacting them for marketing purposes. The Promoter’s use of any or all of a Participant’s personal information will be in accordance with the Privacy Policy, available here https://finkgroup.com.au/privacy-policy-2/

7. GENERAL

7.1. Gift Cards are a form of tender to make purchases at any Fink owned and operated venue.
7.2. If you have any questions regarding Gift Cards, please contact reservations@finkgroup.com.au.
7.3. The purchasing and redeeming of Gift Cards is subject to the laws of New South Wales and any dispute arising under these Conditions of Entry or otherwise in respect of the Gift Cards will be submitted to and determined by the exclusive jurisdiction of the courts of New South Wales.
7.4. 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 2010 (Cth), as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia.
7.5. If you wish to dispute an amount deducted from your Fink Gift Card, you must contact Fink Head Office via email at reservations@finkgroup.com.au. If an amount is not disputed within thirty (30) days after the transaction date, Fink may at its sole discretion refuse to provide you with a refund.
7.6. Fink encourages consumers to consume alcohol in moderation. Legal aged consumers are advised to consider the ‘low risk drinking’ guidelines recommended in the National Health & Medical Research Council Australian Alcohol Guidelines which states: for healthy men and women, drinking no more than two (2) standard drinks on any day reduces your risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. A full version of the guidelines is available at: http://www.nhmrc.gov.au/health-advice/alcohol. Participation in the promotion is subject to relevant liquor legislation in each applicable State or Territory, including responsible service of alcohol. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at www.alcohol.gov.au