Unless the context otherwise requires, capitalised terms are defined at the end of these terms and conditions.
Effective 9th April 2020
1. The Star Club is offered by The Star Club properties – The Star, Sydney; The Star, Gold Coast; and Treasury Casino, Brisbane (“The Star Club properties, we or us”).
2. Joining The Star Club is free.
3. To apply, proposed Members are required to complete an application in the form approved and provided by The Star Club properties which will require that proposed Member to submit appropriate identification and provide or permit The Star Club properties to take a photograph of that proposed Member for inclusion on their membership card. A limit of one membership per person applies. Only eligible persons may join.
4. An application to become a Member, ongoing participation in The Star Club, redemption of benefits by a Member or activation or use of Cashless Wagering account constitutes acceptance by that Member of the Terms (as defined below). A person’s membership is effective from the time and date we accept their application to become a Member, however a Member’s entitlement to benefits under The Star Club Program is conditional on the Member receiving confirmation from The Star Club that their identification has been verified.
5. Membership and levels of membership (“tiers”) are granted at the discretion of The Star Club properties. Members may qualify for tiers based on the number of The Star Club tier points earned or such other variables as determined by us. Members’ tiers are reviewed periodically by us and may be adjusted on prior notice to you.
6. Membership does not give you right of entry to all or any part of The Star Club properties nor does it constitute membership of any of The Star Club properties themselves.
7. We may invite you to access one or more of our private gaming rooms. Such access is by invitation only and we may remove your access at any time. You must abide by the conditions of entry to our private gaming rooms as displayed at the entry to those rooms, as varied by us from time to time, and comply with any directions in relation to activating your access to our rooms.
8. Membership with The Star Club is only available to individuals aged 18 years or over.
9. Membership is granted and maintained at the sole and absolute discretion of The Star Club properties.
10. The Star Entertainment Group Ltd employees and employees of its related bodies corporate are not eligible to join The Star Club.
11. Excluded Persons are not eligible to become a Member.
The Star Club Terms
12. The Star Club terms – these terms, The Star Club brochures and promotional material included on The Star Club and The Star Club properties websites, mobile app & kiosks, premises terms of entry, guidelines and codes of conduct as issued by The Star Club properties from time to time (“Terms”) govern your membership with The Star Club. The latest version of the Terms are available at The Star Club properties, on The Star Club website at thestarclub.com.au (“our website”) and on The Star app. In the event of any inconsistency, the latest version of The Star Club membership terms and conditions contained on our website prevail to the extent of the inconsistency.
13. The Terms (including benefits) may be changed at any time by The Star Club properties. If we do this, we will give Members prior notice, including by making updated information available at The Star Club properties and sometimes on our website.
14. Subject to clause 15, The Star Club properties will use its best endeavours to provide notice to Members of any changes to the Terms where there is a material adverse effect on Members or a class of Members by providing 30 days’ notice.
15. Prior notice may not be given if we are required to make changes to act legally or in accordance with the requirements of a Government authority, and the way in which we provide notice may be limited by law or the requirements of a Government authority.
16. It is the Member’s responsibility to ensure they keep up to date with the Terms.
Cards, Tiers and Benefits
17. Members may earn, receive and redeem loyalty points at each of the Star Club properties. Loyalty points currently include Casino Dollars, Comp Dollars and Tier Points but may change in accordance with the Terms. Members may also earn Tier Points by purchasing coins on StarPlay, the social gaming platform.
18. The way you can earn, receive and redeem loyalty points at each of The Star Club properties varies, and we may partner with others to provide benefits. For details see The Star Club properties or our website.
19. Membership cards always remain our property and must be returned to us upon our request. Membership cards will be issued following verification of identification.
20. A membership card is issued for your personal use only and is strictly non-transferable. You must not lend or share your card at any time, for any reason.
21. We reserve the right to charge a fee for replacement membership cards.
22. We reserve the right to place a cap on the number of loyalty points earned by any individual Member.
23. You are responsible for keeping your membership card and Personal Identification Number (PIN) secure as use of loyalty points, other Member benefits and Cashless Wagering is, at all times, your responsibility including where there is misuse of your card or if your card is lost or stolen.
24. You must not maintain a written record of your PIN or otherwise disclose your PIN to anyone, including a family member or friends.
25. You must promptly notify us of changes in your details, of any lost, stolen or malfunctioning membership card or any unauthorised use of your membership card. Membership cards that are reported as being lost, stolen, misused or malfunctioning will be suspended to restrict further use and we will make arrangements with you for the issue of a replacement membership card. You may be required to confirm details of the loss, theft, misuse or malfunction in writing (and to provide particular information in the confirmation) and you must comply with this requirement.
26. If any lost or stolen membership card is subsequently found it must not be used and must be returned to one of The Star Club properties.
27. You must not interfere with any magnetic stripe or integrated circuit on your The Star Club membership card or unnecessarily disclose your membership number to anyone.
28. If you incorrectly enter your PIN on three consecutive attempts your membership card will be locked. If your membership card is locked, or if you forget your PIN, you will need to visit a The Star Club property to arrange for a new PIN which will require you to present acceptable identification.
29. You are responsible for your loyalty points, other Member benefits and Cashless Wagering account, including observing any expiry periods and any taxation consequences.
30. You will be solely liable for, and The Star Club properties disclaim against, any and all liability for any loss that you may suffer as a result from any unauthorised use of your membership card or access of you Cashless Wagering account, loyalty points or other Member benefits.
31. We may adjust your loyalty points, benefits or tier or we may cancel your membership if you misuse your card, loyalty points, benefits or casino facilities or allow or enable someone else to do so.
32. We may adjust your loyalty points and other Member benefits if they incorrectly accrue in your favour or on the suspension, cancellation or termination of your membership. Loyalty points will also expire as follows:
(a) Casino Dollars – will expire if you do not accrue a Tier Point at least once every 180 days.
(b) Comp Dollars – will expire if you do not accrue a Tier Point at least once every 90 days.
(c) Tier Points will expire 365 days after the date they are earned.
33. Despite our best efforts, we may sometimes experience technical malfunctions and errors outside of our control. If we do, we will not be liable for the consequences to your membership and may adjust incorrectly accrued loyalty points, benefits and tier changes at our discretion.
34. The Star Club membership, cards, loyalty points, Cashless Wagering accounts and any other benefits and privileges are not transferable and cannot be used by any person other than the Member named on the card.
35. Subject to clauses 112 and 115, The Star Club membership, cards, loyalty points, tier status and any other Member benefits and privileges will lapse on a Member’s death or that Member becoming an Excluded Person.
36. Loyalty points and any other Member benefits and privileges cannot be used in conjunction with other discount programs or offers, unless otherwise specified by us.
Redemption of Products through Casino Dollars or Comp Dollars
37. Any Casino Product that may be able to be redeemed by a Member using Casino Dollars and/or Comp Dollars will be provided by the relevant member of The Star Club properties to that Member subject to The Star Club properties’ general terms and conditions for that Casino Product.
38. The general terms and conditions for Casino Products is available at each of The Star Club properties and on request.
Gifting of Products through Star Gifts Kiosks
39. The way in which Members can be awarded and claim Star Gifts at each of The Star Club properties varies, and we may partner with others to provide Star Gifts. For details see The Star Club properties or our website. Prestige Members of The Star Club are not entitled to be awarded or claim Star Gifts.
40. The Star Club properties provide Members with the opportunity to be awarded and claim, as a gift, certain Products catalogued in Star Gifts kiosks which are known as Star Gifts.
41. The Products available for Members to claim shall be at our discretion and may depend upon the tier status and number of loyalty points of that Member.
42. Star Gifts kiosks will only accept an order for a Star Gift from the Member that has been awarded that Star Gift, provided that such Member is then a current Member whose membership has not been terminated or suspended and is not otherwise an Excluded Person. Members will be required to provide membership details prior to placing an order for an awarded Star Gift through Star Gifts kiosks.
43. Star Gifts kiosks offer a catalogue of Products. The catalogue of Products may be incorporated and displayed in such other media or medium as we determine from time to time.
44. Subject to clauses 45, 47 and 48, an awarded Star Gift will only be available for a Member to claim at and for the period of time catalogued in a Star Gifts kiosk or such other time as we determine from time to time.
45. All Star Gifts are subject to availability, as Star Gifts may become unavailable before a Member’s order is processed or may become subsequently unavailable before an order and delivery is completed.
46. Where a Star Gift becomes unavailable we will endeavour to supply a substitute Star Gift of comparable value, nature and quality to that ordered. The Member’s consent will be obtained for a substitute Star Gift.
47. Restrictions and special conditions may apply to Star Gifts and such Star Gifts are subject to the terms upon which a supplier makes the corresponding Product available to Members.
48. We may at any time, without liability or prior notice to Members:
(a) withdraw, limit, modify, cancel, increase or decrease the availability of a Product being offered as a Star Gift or the advertised terms of offer for any Product; and
(b) impose additional restrictions on a Product or conditions for obtaining a Star Gift.
49. Star Gifts claimed though Star Gifts kiosks:
(a) cannot be used in conjunction with other discount programs, offers or special events; and
(b) are not transferable, unless otherwise specified.
50. Without limiting the application of clause 49, non-merchandised Star Gifts (for example, and without limitation, services, experiences, flights, cruises, holidays, accommodation, restaurants) ordered though Star Gifts kiosks by a Member are conditional upon that Member utilising that non-merchandised Product(s) and such non-merchandised Product(s) may not be used by any person other than that Member, unless otherwise expressly specified in the offer. Where the non-merchandised Star Gift(s) relates to a group booking or activity, the Member who ordered such Star Gift must be a Member of that group and participate in the utilisation of that Star Gift, unless otherwise expressly specified in the offer.
(a) are to be redeemed with the reward provider specified on the gift card; and
(b) must be redeemed by the expiry date shown on the gift card. A gift card cannot be used after that time and a Member will not be reimbursed or re-credited any amount in circumstances where a Member does not use a gift card prior to its expiry date.
52. With regard to Star Gifts involving travel, Members and accompanying guests are solely responsible for obtaining their own travel insurance and compliance with all applicable government border requirements, including all visa, passport, health regulations and other entry/exit requirements of the places to which they are travelling or transiting through (this includes making enquiries of consulates or embassies of those countries prior to ordering a travel related Product and again prior to travel).
Claiming Star Gifts
53. Subject to a Member being entitled to claim an awarded Star Gift, such Star Gift can be claimed through a Star Gifts kiosk.
54. Members claim Star Gifts at their own discretion. We do not give any warranty or make any representation in relation to the underlying value of any Star Gift (other than the face value of gift cards denominated in Australian Dollars).
55. Without limiting a Member’s rights under the Australian Consumer Law, once a Member has submitted a claim for an awarded Star Gift through a Star Gifts kiosk it cannot be cancelled or amended by the Member or exchanged by the Member for different Star Gift(s).
56. We shall not be liable in any way for any Star Gifts which are unavailable as a result of a technical malfunction, operator fault, misrepresentation for which we are not responsible or any other reason outside of our control.
57. All money amounts quoted for Star Gifts:
(a) are in Australian Dollars (AUD) and include Goods & Services Tax (GST) where applicable;
(b) are exclusive of credit and debit card service fees; and
(c) include delivery charges, unless otherwise stated.
58. Title and risk in all awarded Star Gifts that are claimed by a Member through a Star Gifts kiosk pass to that Member upon that Member taking delivery.
Delivery of Star Gifts
59. Unless otherwise agreed by us, the delivery address which a Member provides for claiming Star Gifts through a Star Gifts kiosk must be the address of the Member as specified in the Member’s The Star Club membership account and an Australian address. International and post office box addresses will not be accepted. Star Gifts that are Casino Products may be made available for collection at The Star Club properties.
60. Electronic gift cards will be emailed to the Member’s email account as specified in that Member’s The Star Club membership account. Certain gift cards may be available for collection at Star Gifts kiosks at the time of claiming that gift card as a Star Gift.
61. Any stated delivery times at the time of placing an order for Star Gifts through a Star Gifts kiosk are best estimates only. We do not accept any liability for a failure to deliver within that time period.
62. If an order contains a number of Star Gifts, such Star Gifts may be delivered separately and on different days.
63. If we are unable to deliver a Star Gift ordered by the Member through a Star Gifts kiosks, having made three unsuccessful attempts, we may return such Star Gift to the supplier.
64. Star Gifts cannot be exchanged for money and will not be replaced if stolen, lost, damaged, destroyed or otherwise altered after delivery to the Member.
65. From time to time we may partner with third party suppliers and manufacturers unrelated to The Star Club properties (‘Partners’) who are able to provide Partner Products to Members as Star Gifts.
66. Claiming an awarded Star Gift that is a Partner Product by a Member through a Star Gifts kiosk amounts to a request by a Member to us to manage the process under which a Partner is directed by us or our contractors to supply a Partner Product as a Star Gift to that Member. We supply the opportunity for Members to obtain a Partner Product as a Star Gift from Partners and our obligations are limited to procuring that opportunity.
67. Members should ensure that they are familiar with and understand the terms and conditions applied by Partners in respect of Partner Products before claiming any awarded Star Gift through a Star Gifts kiosk that is a Partner Product.
68. Partner Products are not manufactured or supplied by us and we make no commitments regarding the availability of particular Partner Products to be supplied to Members. Without limitation, we cannot guarantee the availability of particular Partner Products to meet any order.
69. Warranties, if any, in relation to Partner Products are provided by the third party supplier or manufacturer of those Partner Products and not us. To the extent permitted by law, we do not accept liability for defects in quality or condition of goods and make no claims or warranties as to the delivery of Partner Products.
70. Should a Member have any claim regarding the quantity, quality or otherwise of a Star Gift that is a Partner Product, the Member should direct that claim to the supplier or manufacturer of that Partner Product in accordance with the warranty information provided (if applicable).
71. Any contracts we have with Partners in relation to Partner Products are personal to us and are not for the benefit of, or enforceable by, Members.
72. Member’s rights under this Returns Policy (clauses 72 to 77 inclusive) are in addition to any other rights they may have under the Australian Consumer Law or other consumer laws. Nothing in this Returns Policy excludes, restricts or modifies any such rights.
73. Members must notify us within seven business days of delivery of any Star Gifts claimed through a Star Gifts kiosk which are faulty, damaged or unfit for use.
74. A Casino Product will not be accepted for exchange or for a reimbursement of any kind under this Returns Policy:
(a) unless first authorised for return by us; or
(b) as a result of the Member changing their mind.
75. If we replace a Casino Product, we will dispatch replacement items at no further cost to the Member.
76. No partial refund will be provided for a Casino Product.
77. We do not accept returns of Partner Products and any return of Partner Products is subject to that Partner’s own returns policy.
Ending Membership and The Star Club Program
78. You do not need to be a Member of The Star Club to use facilities at The Star Club properties.
79. You may end your membership at any time at no charge, including if you do not agree to any changes made to The Star Club program, including its terms and benefits. We ask that you return your membership card to one of The Star Club properties when ending your membership.
80. Subject to clauses 112 and 115, upon ending your membership, all loyalty points and benefits (including any entitlement to Star Gifts) are immediately forfeited.
81. Any of The Star Club properties may end your membership, your Cashless Wagering account or limit your participation in any or all benefits (including cancelling loyalty points):
(a) immediately if:
i. you commit a material breach of the Terms or any other terms for the services (including casino game rules) of The Star Club properties;
ii. you have had a cheque payable to one of The Star Club properties returned by your financial institution;
iii. you are no longer permitted to enter any part of any of The Star Club properties, including if you have been asked to leave or refused entry to any part of any of The Star Club properties, or if any of The Star Club properties withdraws your license or denies you a license to enter or remain in or on any part of any of The Star Club properties;
iv. you have been excluded from any of The Star Club properties (in whole or part);
v. you are dishonest or offensive or you bring (or through your conduct are likely to bring) any of The Star Club properties or The Star Club into ridicule or disrepute as considered by any of The Star Club properties acting reasonably; or vi. we are required to do so in order to act legally or in accordance with the requirements of a Government authority,
(b) otherwise on reasonable notice and acting reasonably.
82. Subject to clauses 112 and 115, if your membership is cancelled or otherwise comes to an end, your loyalty points and accrued benefits will be available for use during any notice period, but will be forfeited from the date your membership ends.
83. If any of The Star Club properties ends or limits your participation in any or all benefits there is no requirement for them to provide reasons, written or otherwise, for that decision or any opportunity to be heard in relation to that decision.
84. If your membership is cancelled by any of The Star Club properties, your membership, Cashless Wagering account and benefits in respect of all of The Star Club properties simultaneously ceases.
85. One or more of The Star Club properties may also suspend or terminate The Star Club program by providing reasonable prior notice to Members (except where we are required to do so in order to act legally or in accordance with the requirements of a Government authority, when notice will not be required). If The Star Club ceases to operate and is not replaced by another loyalty program, Members can continue to redeem their accumulated benefits prior to the program ending where possible. Subject to clauses 112 and 115, after that time, all memberships are cancelled and all loyalty points, awarded Star Gifts and other benefits forfeited.
Applications and creation of Cashless Wagering accounts
86. You may apply to activate the Cashless Wagering account attached to your membership card. Once activated, funds can be deposited onto your Cashless Wagering account at The Star Club properties which may, through the use of your membership card, be used for cashless wagering at designated electronic gaming machines (“EGM”) and electronic table games (“ETG”) located at that The Star Club property where the funds were deposited (“Cashless Wagering”).87. The Star Club properties are subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the rules and other subordinate instruments under the Act (“AML/CTF Laws”). Before a Cashless Wagering account can be activated, The Star Club property activating your account is obliged to collect certain identification information from you (and verify that information) in compliance with the AML/CTF Laws.
Customer identification information may include detailed ‘know your customer’ information about you. Where legally obliged to do so, The Star Club properties will disclose information to regulatory and/or law enforcement agencies or to other third parties.
88. You must promptly notify us of any changes in your personal details supplied to The Star Club properties.89. The Star Club properties may, in their absolute discretion, determine whether or not to accept a Member’s request to activate a Cashless Wagering account.
90. The use of Cashless Wagering is voluntary and Members will still be able to use the current ticket-in, ticket-out (TITO) system and cash for EGMs and ETGs.
91. Your Star Club membership card will be activated for Cashless Wagering at each of The Star Club properties once you have been accepted for Cashless Wagering, and deposited funds into your Cashless Wagering account at a cashier window at any The Star Club property. Before you can use Cashless Wagering at any other The Star Club property, you will need to first deposit funds into your Cashless Wagering account at that particular venue in accordance with clause 93.
92. Membership cards are uniquely identifiable to a Member and can only be linked to one Cashless Wagering account at a The Star Club property.
Establishment and use of Cashless Wagering account
93. Members may deposit funds into their Cashless Wagering account through The Star Club properties cashier windows, EGMs, ETGs and participating cash redemption terminals. The Star Club properties reserve the right to set maximum deposit limits from time to time. You will have a separate Cashless Wagering account balance recorded at each of The Star Club properties at which you have deposited funds.
94. Members are not permitted to load funds onto their Cashless Wagering account using a credit card.
95. No interest is payable to you on any funds held in any deposit account held with The Star Club properties, which includes the Cashless Wagering account, and you will not be able to overdraw any such account.
96. Members can only use Cashless Wagering account funds for the purpose of gaming on designated EGMs and ETGs at participating The Star Club properties. Members will not be able to use any funds held in their Cashless Wagering account for any other purpose.
97. To transfer funds from your Cashless Wagering account to an EGM or ETG for the purpose of gaming you are required to insert your membership card into the EGM or ETG and enter your PIN.
98. Following PIN acceptance you may transfer funds from your Cashless Wagering account to the EGM or ETG, subject to any prevailing transfer limits.
99. Any voluntary pre-commitment limits made by Members on an EGM or ETG will continue to apply.
100. Members may choose to transfer credits remaining from the EGM or ETG to their Cashless Wagering account by removing their membership card from the EGM or ETG. If the relevant transaction is greater than the prevailing transfer limit set by The Star Club properties, the Member will require The Star Club property attendant to manually facilitate the transfer. Members should ensure that the credit meter on the EGM or ETG is zero after removing their membership card.
101. Members may redeem funds from their Cashless Wagering account at The Star Club properties:
(a) cashier windows by either cash, cheque or via electronic funds transfer into the Member’s bank account.
(b) participating cash redemption terminals by cash. Limits may be imposed by The Star Club properties on the sum of cash available for redemption from cash redemption terminals within The Star Club properties.
102. Any redemption of cash, cheque or electronic funds by a Member from their Cashless Wagering account must be completed by the Member. Photo identification may be required to validate the identity of the Member and the Member’s membership card must be presented at the time of request.
103. Where any system or equipment provided by The Star Club properties fails, preventing you from accessing or using your Cashless Wagering account or membership card, The Star Club properties’ responsibility is limited to the cost of correcting that system or equipment error. The Star Club properties will not be liable if any system, equipment or membership card does not work properly.
104. Deposits or withdrawals from your Cashless Wagering account may be delayed, blocked, frozen or refused where we have reasonable grounds to believe that they breach Australian law or sanctions (or the law or sanctions of another country). Where transactions are delayed, blocked, frozen or refused, The Star Club properties are not liable for any loss you suffer (including consequential loss) howsoever caused in connection with your Cashless Wagering account or membership card. We may adjust or remove transactions incorrectly made to your Cashless Wagering account.
105. We are not liable in any way when a transfer of funds from or to a Cashless Wagering account held with The Star Club properties is declined regardless of reason.
Use of and access to Cashless Wagering information
107. Upon request by the member, The Star Club properties will provide a statement in relation to the member’s Cashless Wagering account for the relevant The Star Club property.
108. It is your responsibility to regularly review your Cashless Wagering account transaction history to identify any unauthorised transactions.
Closing and suspending Cashless Wagering account
109. We may cancel your Cashless Wagering account at any time without cause or notice.
110. Your Cashless Wagering account may be closed in the event that it has remained inactive for at least 12 months.
111. Your Cashless Wagering account will be closed at your request or from the date your membership to The Star Club is cancelled or otherwise comes to an end.
112. On the cancellation or closing of your account or at any other time reasonably determined by The Star Club properties, any balance remaining in your Cashless Wagering account will be sent to you in the form of a cheque to the registered address recorded for you, or directly into a financial institution account in your name if we hold that information.
113. The Star Club properties reserve the right to suspend access to your Cashless Wagering account in the event of suspicious activities taking place or due to concerns about your gambling behaviour.
114. The Star Club properties reserve the right to refuse to redeem or provide you with access to the balance of your Cashless Wagering account without first obtaining adequate identification, where membership cards are illegible, unreadable, altered, counterfeit or generated in error.
115. In circumstances where funds in your Cashless Wagering become “unclaimed money” for the purpose of either the Unclaimed Money Act 1995 (NSW) or the Public Trustee Act 1978 (QLD), The Star Club properties may transfer such funds to the statutorily prescribed authority as unclaimed money in accordance with the applicable legislation.
117. The Star Club properties have legal obligations to provide information to some third parties such as government gaming regulatory authorities and law enforcement agencies, as well as obligations to collect personal information under laws such as the AML/CTF Laws. We reserve the right to disclose your personal information with gaming regulatory authorities and law enforcement agencies, and you consent to such disclosure (including in circumstances where you are invited to our private gaming rooms).
119. Without limiting clauses 116 to 118 inclusive, by accessing and using Star Gifts kiosks, Members consent to us collecting and using their personal information for the purpose of:
(a) administering and operating Star Gifts (including but not limited to us and our existing or proposed Partners sending you an email confirmation following your redemption of Star Gifts);
(b) us and our existing or proposed Partners associated with Star Gifts providing or supplying goods and services in relation to Star Gifts; and
(c) administrative, planning, researching, developing, improving and promoting products or services offered by us and by existing or proposed Partners associated with Star Gifts and receiving marketing and promotional material from us or from any existing or prospective Partners associated with Star Gifts.
120. This personal information may be transferred to or from Australia.
Limitation of Liability
121. To the extent permitted by law, we exclude all liability whatsoever arising directly or indirectly out of these Terms or otherwise at law, for any indirect, special, economic, punitive or exemplary or consequential loss or damage suffered or incurred by a Member or any other person (including without limitation, death, injury, loss of or damage to data, loss of revenue, profits, goodwill or opportunities), arising from their use of Star Gifts kiosks or any Product or benefit obtained through it, or Cashless Wagering whether caused by our negligence or otherwise, and whether or not we were aware or should have been aware of the possibility of such loss or damage.
122. All reasonable efforts will be made to ensure that Product information provided in the catalogue of Products offered through Star Gifts kiosks or otherwise are correct. To the extent permitted by law, we do not accept any liability for incomplete or inaccurate information. We are not responsible for the content or description of Partner Products.
123. Members and all other individuals that use Star Gifts kiosks and/or Cashless Wagering do so at their own risk.
124. We are not responsible for receipt of incorrect, inaccurate or incomplete information, either caused by:
(a) users of Star Gifts kiosks, Cashless Wagering or by any of the equipment or programming associated or utilised with Star Gifts kiosks or Cashless Wagering or in relation to the operation of The Star Club;
(b) by any technical error that may occur in the course of administration of Star Gifts kiosks, Cashless Wagering or The Star Club; or
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of orders for Star Gifts though Star Gifts kiosks or other Products that may be claimed on a redemption of loyalty points, or Cashless Wagering.
125. Except as required by law, we accept no liability of any nature in relation to Partner Products.
126. Subject to clause 127, we expressly disclaim any and all guarantees, conditions, warranties and liabilities (including for indirect, special, economic, punitive or consequential loss or damage) with respect to type, quality, standard, fitness or suitability for any purpose of any Star Gift claimed through Star Gifts kiosks or any other Product received as a result of a redemption of loyalty points or the use of Cashless Wagering.
127. We acknowledge that Members have certain rights under consumer guarantees in the Australian Consumer Law, and nothing in these Terms excludes, restricts or modifies:
(a) the application of any consumer guarantee in the Australian Consumer Law (‘Consumer Guarantee’) or any similar provision in the law of any State or Territory which cannot be excluded, restricted or modified (‘Similar Provision’);
(b) the exercise of any right conferred by any Consumer Guarantee or Similar Provision; or
(c) our liability under any Consumer Guarantee or Similar Provision, subject to clause 128.
128. To the full extent permitted by law, our liability under any Consumer Guarantee or Similar Provision is limited, at our discretion, to:
(a) reinstating the number of loyalty points redeemed by the Member;
(b) replacing or re-supplying a Product; or
(c) repairing the Product.
129. If Casino Products are faulty, damaged or unfit for use, or do not meet any express warranties provided by us, we will, at our option:
(a) reinstate that number of loyalty points redeemed for such Casino Product;
(b) repair the Casino Product; or
(c) arrange for a replacement.
130. We do not accept any taxation liability of Members or their employers arising from or in connection with earning, redeeming, claiming or cancelling loyalty points or Star Gifts. Members are responsible to pay and reimburse us for any tax liability (including any GST that may be payable), stamp duty or other duty or government charges in connection with the receipt of Star Gifts, a Product and/or benefits in relation to The Star Club.
131. Members should note that certain redemption transactions may have tax implications, and Members should consult with their accountant or tax advisers before claiming or placing an order for any Star Gifts or other Products.
132. The Star Club properties decisions in relation to The Star Club are final and binding.
133. This document is governed by the laws of New South Wales. Each party submits to the jurisdiction of the courts of New South Wales and of any court that may hear appeals from any of those courts, for any proceedings in connection with this document.
134. To the extent that any provision in these Terms is illegal or unenforceable, it is severed without affecting the validity or enforceability of the remaining Terms.
‘Casino Product’ means Products supplied by a member of The Star Club properties to a Member.
‘Cashless Wagering’ has the meaning given to that term in clause 86 of these Terms.
‘Excluded Person’ means a person who has been excluded or otherwise prohibited from entering
The Star Club properties or any part thereof.
‘Star Gifts’ means Products awarded to Members of The Star Club program in accordance with the Terms.
‘Terms’ has the meaning given to that term in clause 12 of these Terms.
‘The Star Club’ means the membership program operated by The Star Club properties known as ‘The Star Club’.
‘The Star Gifts kiosks’ means the service through which Members may claim Star Gifts awarded to them in accordance with these Terms.
‘Tiers’ has the meaning given to that term in clause 5 of these Terms.
‘our website’ has the meaning given to that term in clause 12 of these Terms.
‘Partner’ has the meaning given to that term in clause 65 of these Terms.
‘Partner Products’ means Products supplied by a Partner to a Member.
‘Products’ includes merchandise, products, goods, services or gift cards, ordered through Star Gifts kiosks or a member of The Star Club properties in accordance with these Terms, being either Partner Products or Casino Products.