KFC QLD GIFT CARD TERMS AND CONDITIONS
IMPORTANT — PLEASE READ: The following KFC Gift Card Agreement describes the terms and conditions that apply to your KFC Gift Card. This agreement is divided into two parts. Part One describes the terms that apply generally to the KFC Gift Card. Part Two contains important legal terms and conditions, including our mutual agreement to mediate disputes and how we may make changes to this agreement.
BY USING YOUR KFC GIFT CARD, YOU AGREE TO THE TERMS OF THIS AGREEMENT. PLEASE KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
PART ONE: KFC GIFT CARD GENERAL TERMS
Receipts and Statements
Cardholders are not sent statements of itemised transactions from a KFC Gift Card. You can check the balance of your KFC Gift Card or review recent transactions on your KFC Gift Card on this website. You will need to have your KFC Gift Card available in order to access your account. You should keep your receipts and check your online statement to ensure that your account balance is correct.
We reserve the right to correct the balance of your KFC Gift Card if we believe that a clerical or accounting error has occurred. If you have any questions or concerns regarding your KFC Gift Card, you may contact us by phone on (07) 3352 0800 or via e-mail by clicking here. Please include your name, KFC Gift Card number, contact information and a description of the complaint or disputed transaction. Should you not have access to the website, please call (07) 3352 0800 and we will check your balance for you.
PART TWO: IMPORTANT LEGAL TERMS
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have by giving you thirty (30) days prior written notice. We will give you written notice by posting the terms of the modified agreement in our stores and on our website. As permitted by applicable law, any change, addition or deletion will become effective from the date the notice period expires. Unless we state otherwise, the change, addition or deletion will apply to your future and existing KFC Gift Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within thirty (30) days of the date of our notice, or (2) you use your KFC Gift Card after the expiry of the notice period. If you do not accept the changes, additions or deletions, your KFC Gift Card will be cancelled and any amounts remaining on your KFC Gift Card will be refunded to you.
This Agreement shall be governed by and construed in accordance with the laws of Queensland and the parties submit irrevocably and unconditionally to the non-exclusive jurisdiction of the Courts of Queensland.
Disclaimers and Limits of Liability
TO THE EXTENT PERMITTED BY LAW, COLLINS RESTAURANTS QUEENSLAND PTY LTD (CRQ), THEIR AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE KFC GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. KFC DOES NOT REPRESENT OR WARRANT THAT YOUR KFC GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT CRQ, THEIR AFFILIATES, AND SUPPLIERS ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR KFC GIFT CARD. CRQ, THEIR AFFILIATES, AND SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CRQ, THEIR AFFILIATES, AND SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORISED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A KFC GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY, MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option to: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (2) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
We may assign all or part of this agreement without notice to you and without such assignment being considered a change to the agreement. We are then released from all liability to the extent permitted by law. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement; Construction
This agreement is the complete and exclusive statement of agreement between you and CRQ and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Enquiries or Questions
If you have any questions regarding this agreement or your KFC Gift Card, please email us by clicking here or calling (07) 3352 0800.
Collins Restaurants Queensland Pty. Ltd. ACN 009 988 381
Level 3, KSD1, 485 Kingsford Smith Drive, Hamilton QLD 4007