Unless the context otherwise requires, capitalised terms are defined at the back of these terms and conditions.
Terms and conditions effective 8 November 2016.
1. The Star Club is offered by The Star Club properties – The Star, Sydney; Jupiters Hotel and Casino, 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 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 or redemption of benefits by a Member 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.
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 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. 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. Loyalty points currently include Casino Dollars, Comp Dollars and Tier Points but may change in accordance with these Terms.
18. Membership cards always remain our property and must be returned to us upon our request.
19. 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.
20. We reserve the right to charge a fee for replacement membership cards.
21. We reserve the right to place a cap on the number of loyalty points earned by any individual Member.
22. You are responsible for keeping your membership card and Personal Identification Number (PIN) secure as use of loyalty points and other Member benefits is, at all times, your responsibility including where there is misuse of your card or if your card is lost or stolen.
23. You must promptly notify us of changes in your details, of any lost, stolen or malfunctioning membership card or any unauthorised use of the card.
24. You are responsible for your loyalty points and other Member benefits, including observing any expiry periods and any taxation consequences.
25. 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.
26. 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.
27. 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.
28. The Star Club membership, cards, loyalty points and any other benefits and privileges are not transferable and cannot be used by any person other than the Member named on the card who has accumulated those benefits.
29. 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.
30. 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
31. 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.
32. 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
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. Subject to clauses 39, 41 and 42, 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. Without limiting the application of clause 43, 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.
46. 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
47. Subject to a Member being entitled to claim an awarded Star Gift, such Star Gift can be claimed through a Star Gifts kiosk.
48. 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).
49. 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).
50. 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.
51. 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.
52. 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
53. 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.
54. 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.
55. 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.
56. If an order contains a number of Star Gifts, such Star Gifts may be delivered separately and on different days.
57. 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; and
58. 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.
59. 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.
60. 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.
61. 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.
62. 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.
63. 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.
64. 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).
65. 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.
66. Member’s rights under this Returns Policy (clauses 66 to 71 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.
67. 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.
68. A Casino Product will not be accepted for exchange or for a reimbursement of any kind under this Policy:
a. unless first authorised for return by us; or
b. as a result of the Member changing their mind.
69. If we replace a Casino Product, we will dispatch replacement items at no further cost to the Member.
70. No partial refund will be provided for a Casino Product.
71. 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
72. You do not need to be a Member of The Star Club to use facilities at The Star Club properties.
73. 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.
74. Upon ending your membership, all loyalty points and benefits (including any entitlement to Star Gifts) are immediately forfeited.
75. Any of The Star Club properties may end your membership, or limit your participation in any or all benefits (including cancelling loyalty points):
a. immediately if:
- you commit a material breach of the Terms or any other terms for the services (including casino game rules) of The Star Club properties;
- you have had a cheque payable to one of The Star Club properties returned by your financial institution;
- 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 licence or denies you a licence to enter or remain in or on any part of any of The Star Club properties;
- you have been excluded from any of The Star Club properties (in whole or part);
- 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
- 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.
76. 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.
77. 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.
78. If your membership is cancelled by any of The Star Club properties, your membership and benefits in respect of all of The Star Club properties simultaneously ceases.
79. 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. After that time, all memberships are cancelled and all loyalty points, awarded Star Gifts and other benefits forfeited.
81. 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 anti-money laundering and counter terrorism financing legislation. 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).
83. Without limiting clauses 80 to 82 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.
84. This personal information may be transferred to or from Australia.
Limitation of Liability
85. 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, 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.
86. 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.
87. Members and all other individuals that use Star Gifts kiosks do so at their own risk.
88. We are not responsible for receipt of incorrect, inaccurate or incomplete information, either caused by:
a. users of Star Gifts kiosks or by any of the equipment or programming associated or utilised with Star Gifts kiosks 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 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.
89. Except as required by law, we accept no liability of any nature in relation to Partner Products.
90. Subject to clause 91, 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.
91. 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 92.
92. 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;
c. or repairing the Product.
93. 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.
94. 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.
95. 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.
96. The Star Club properties decisions in relation to The Star Club are final and binding.
97. 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.
98. 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 Products’ means Products supplied by a member of The Star Club properties to a Member.
'Excluded Person' means a person who has been excluded 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 59 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.