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WEBSITE TERMS AND CONDITIONS

Balthazar Wollongong maintains the interactive portion(s) of their Web site as a service free of charge. By using any interactive services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.

The website visitor/user, You, will be henceforth referred to as You.

1) As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to Balthazar Wollongong that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

2) You agree to use communications services available on this website only to send and receive messages and material that are proper and related to the particular area of service. In addition to any other terms or conditions of use  you agree that when using th the communication services on this website, you will not:

2.1) Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.

2.2) Upload files that contain software or other material protected by intellectual property laws or by rights of privacy or publicity unless you own or control such rights or have received all necessary consents.

2.3) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

2.4) Advertise any goods or services for any commercial purpose, with explicit documented permission from Balthazar Wollongong.

2.5) Offer to sell any goods or services for any commercial purpose, with explicit documented permission from Balthazar Wollongong.

2.6) Conduct or forward chain letters or pyramid schemes.

2.7) Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.

2.8) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

2.9) Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.

2.10) Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.

3) Balthazar Wollongong has no obligation to monitor the website services offered. However, Balthazar Wollongong reserves the right at all times to disclose any information deemed by Balthazar Wollongong necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

4) You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Balthazar Wollongong does not control or endorse the content, messages or information found in any of the available website services and, specifically disclaims any liability with regard to the same and any actions resulting from your participation. To the extent that there are moderators, website managers or hosts, none are authorised Balthazar Wollongong spokespersons, and their views do not necessarily reflect those of Balthazar Wollongong.

5) The information, products, and services included on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Balthazar Wollongong may make improvements and/or changes in this website at any time. Advice received via this website should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6) Balthazar Wollongong makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, and services contained on this web site for any purpose. All such information, products, and services are provided “as is” without warranty of any kind.

7) Balthazar Wollongong hereby disclaims all warranties and conditions with regard to the information, products, and services contained on this web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

8) In no event shall Balthazar Wollongong be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this web site, with the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Balthazar Wollongong has been advised of the possibility of damages. (See below for specific T&Cs for Gift Vouchers purchased online)

9) Due to the fact that certain jurisdictions do not permit or recognize an exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this website.

10) Balthazar Wollongong reserves the right in its sole discretion to deny any user access to this website, any interactive service herein, or any portion of this website without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.

11) This agreement is governed by the laws of the State of New South Wales, Australia. You hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Balthazar Wollongong as a result of this agreement or use of this website. The performance of this agreement by Balthazar Wollongong is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

12) This agreement constitutes the entire agreement between the user and Balthazar Wollongong with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

13) Balthazar Wollongong is located at 95 Crown Street, Wollongong, NSW, Australia.

14) All contents of this website are Copyrighted to Balthazar Wollongong 2025

GIFT VOUCHER TERMS AND CONDITIONS

Gift Voucher T&Cs

By placing an order for the purchase of a Balthazar Wollongong Gift Voucher/s via the balthazarwollongong.com.au  website ("Order") you are agreeing to the Terms and Conditions as set out below.

 

Balthazar Wollongong Gift Voucher/s  will be referred to henceforth as Voucher/s.
 

The Vouchers become subject to the Terms and Conditions upon purchase.
 

It is the purchasers responsibility as the purchaser to ensure that the recipient of the Voucher is aware of the Terms and Conditions that apply to the Voucher.


Balthazar Wollongong is not liable for any Vouchers that are re-sold through any online auction sites.


Vouchers are valid for 3 years from the date of purchase. Our record of your expiry date is final. Once your Voucher has expired it cannot be re-activated and any unspent value will be forfeited.


If your purchase/s exceed the available balance on your Voucher, you are required to pay the excess using another method of payment.

 

  • Vouchers cannot be used to purchase additional Vouchers.

  • Vouchers cannot be exchanged for cash.

  • Vouchers cannot be topped up with additional credit.

  • Vouchers cannot be used for prepaid bookings for events or any other third party transactions.


Vouchers - Outstanding Balance and Outstanding Balance Charity Donation

Voucher holders are not required to use the entire available balance in one transaction. Should a transaction total less than the value of the Voucher, no change or refund will be given. Where the remaining available balance is greater than $5.00 AUD, bar credit will be provided to use for future purchases. Where the remaining available balance is less than $5.00 AUD, Balthazar Wollongong will not provide bar credit and has a policy to donate the funds to the Illawarra International Women's Day


You as the purchaser or the Voucher recipient are liable for all transactions on your Voucher, except to the extent to which there has been a proven fraud or negligence by Balthazar Wollongong or an employee of Balthazar Wollongong.

 

In the event of suspected or proven fraud and/or improper use of the Gift Voucher, Balthazar Wollongong reserves the right to suspend (pending investigation) or cancel any Voucher  without notice.


Balthazar Wollongong reserves the right to cancel the Voucher scheme for any reason at any time and without notice. In these circumstances, any Vouchers issued prior to the cancellation or revocation will be valid until their expiry date has elapsed or may be refunded at the sole and absolute discretion of Balthazar Wollongong.


These Terms and Conditions are to be construed and enforced in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of this state.


If you wish to dispute an amount deducted from your Voucher, you must contact our Office via email at info@balthazarwollongong.com.au.


If an amount is not disputed within twenty one (21) days after the transaction date, Balthazar Wollongong may at its sole discretion refuse to provide you with a refund.


Privacy Policy – for information on the Balthazar Wollongong Privacy Policy as it pertains to the Voucher, visit bathazarwollongong.com.au/privacy_policy

Vouchers - ONLINE ORDERS

You may place an Order by following the instructions on the Website. Your Order will be submitted once you have completed the payment details including your acceptance of these Terms and Conditions by activating the "SUBMIT" button. Orders will be deemed to have been received by Balthazar Wollongong at the time Balthazar Wollongong makes contact with you via your nominated contact details.

 

One or more Vouchers can be ordered at any one time, with a total value per Voucher not exceeding $200. A minimum value of $25 and a maximum of $200 can be purchased for each Voucher.


Balthazar Wollongong reserves the right to not accept Orders, including those that request commercial quantities of Vouchers. If Balthazar Wollongong is unable to supply your Order it will endeavour to contact you to discuss the matter further.


Balthazar Wollongong reserves the right to cancel any Order at any time, without notice, for any reason.


Customers who wish to cancel an Order must, within 24 hours of purchase, notify Balthazar Wollongong on 0452 407 167 during business hours, quoting the order confirmation number. Orders that have already been processed cannot be cancelled. Balthazar Wollongong will endeavour to process cancellation requests where possible, but will not be liable for any failure to do so.

 

In the event of a cancelled Order, any payments processed by Balthazar Wollongong will be promptly refunded. You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances Balthazar Wollongong accepts no responsibility. Balthazar Wollongong does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk and Balthazar Wollongong is not responsible while such information is in transit. For your assistance, the Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au and review the Balthazar Wollongong Privacy Policy for more information on how we collect and use your data.

 

Vouchers - CREDIT CARD PAYMENT

Payment for online orders can be made via Stripe using any of the following methods; 

  • Visa.

  • Mastercard.

  • American Express.

  • UnionPay.

  • JCB.

  • Diners Club.

  • Cartes Bancaires.

  • Discover.

  • Electron.

  • Maestro.

 

You may provide your nominated credit card details during the purchase process described on the Website.

 

Once you click on "SUBMIT", Balthazar Wollongong will process payment for your Order via the Stripe 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 contract (Total Amount). By completing details on the screen you authorise Balthazar Wollongong to debit the Total Amount from your nominated charge card or credit card.

 

If your nominated payment card is declined by your financial institution, Balthazar Wollongong will not be required to fulfil the Order, and may at its discretion contact you to make alternative payment and delivery arrangements.

 

Balthazar Wollongong may at any time decide not to accept payment from you by 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.

 

Vouchers - DELIVERY, RISK & TITLE TO GOODS

Vouchers are only available for delivery within Australia. Orders are delivered via Australia Post or by hand in the Illawarra Region to a nominated residential or business address. Vouchers cannot be delivered to a PO Box or Locked Bag address.


Australia Post is sub-contracted to Balthazar Wollongong for carrying out delivery of Voucher ordered online and that are not being picked up at the bar. Any issues regarding delivery of Vouchers ordered via the Balthazar Wollongong website should be referred to Balthazar Wollongong directly on 0452 407 167 during business hours, quoting the order confirmation number. Balthazar Wollongong does not guarantee the delivery of the orders within the timeframe specified as this is dependent on Australia Post processing times.


Balthazar Wollongong will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery or for any lost or misdirected Vouchers, including any Vouchers lost or misdirected in the mail. Lost or stolen Vouchers shall not be replaced or refunded.


Subject to payment, property and risk in the Goods is passed to you upon dispatch of the Goods to your nominated delivery address.

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