INTRODUCTION
These Terms and Conditions of Use (Terms) apply to all Gift Cards issued by Forever Journey.
Your purchase, redemption, or attempted redemption of a gift card purchased from the Company constitutes your acceptance to be bound by these terms and conditions of use and agreement to the privacy policy.
DEFINITIONS
- Account: Refers to your subscription and account with Forever Journey on the Website.
- Gift Card(s): Refers to the gift card that you have purchased or received along with the accompanying Gift Card Code.
- Gift Card Code: Refers to the accompanying redemption code for the Gift Card provided at the point of sale following the purchase of the Gift Card.
- Remaining Gift Card Value: At any time, this means the portion of the initial value of your Gift Card that is unspent and can be accessed as a credit on your Account per these Terms.
- Website: Refers to foreverjourney.in.
A reference to “we,” “us,” or “Company” is a reference to Forever Journey.
A reference to “you” or “your” is a reference to the person who has the Gift Card at the relevant time for these Terms or who authorizes another person to do something with or to the Gift Card on their behalf.
1. GIFT CARD REDEMPTION AND EXCLUSIONS
1.1. Redemption
Except for the exclusions listed in paragraph 1.2 (Exclusions) below, the Gift Card has a AUD dollar value that can be used as currency towards purchases on the Website.
1.2. Exclusions
The following are exclusions applicable to the redemption of your Gift Card:
a. The Gift Card is only redeemable for featured packages on the Company Website up to the value stated.
b. Defaced, damaged, altered, lost, or stolen Gift Card Codes cannot be replaced, refunded, or redeemed.
c. The Gift Card and the accompanying Gift Card Codes are not redeemable for cash.
d. The Gift Card and the accompanying Gift Card Codes will expire 3 years from the date of issue.
e. Cash will not be given or credited for any unused amount.
f. Gift Cards cannot be used to purchase Gift Cards or other forms of payment. Further, Gift Cards cannot be purchased with Forever Journey Credit.
g. Gift Cards cannot be used to purchase airfares, insurance, or any other ancillary products or services not included in a featured package.
3. DIRECT MARKETING
3.1. You consent to Forever Journey using and/or disclosing any Personal Information collected from you for Direct Marketing purposes, whether collected via telephone, the Website, or otherwise, but subject to the terms of this Privacy Policy.
3.2. Unless otherwise stated in this Privacy Policy and in accordance with the Privacy Act and the Spam Act, Forever Journey retains the right to use and disclose any of your Personal Information for Direct Marketing purposes.
3.3. In each Direct Marketing communication, we will include:
(a) A prominent statement informing you of your right to opt out from further Direct Marketing; and
(b) A simple means for you to opt out of receiving further Direct Marketing communications of that kind.
3.4. If you opt out, we will stop using and/or disclosing your Personal Information for Direct Marketing purposes.
3.5. Forever Journey will not use your Sensitive Information for Direct Marketing purposes.
4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
We take reasonable precautions to ensure that the Personal Information we have collected, used, and disclosed is complete, relevant, and up-to-date. However, the accuracy of that information depends largely on the information you provide. Hence, we recommend that you:
(a) Let us know if there are any errors in your Personal Information; and
(b) Keep us updated with changes to your Personal Information such as your name or address. You may change your details using the relevant facility on our Website or by contacting the Data Protection Officer as described in Point 12.
5. HOW WE PROTECT YOUR INFORMATION AND DATA RETENTION
5.1. Forever Journey will take reasonable steps to ensure that your Personal Information is safe from misuse, interference, loss, and unauthorized access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be used or disclosed under this Privacy Policy.
5.2. Forever Journey requires employees and contractors to perform their duties in a manner consistent with the Company’s legal responsibilities concerning privacy, including those in this Privacy Policy.
5.3. We will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine “need to know” and a “right to know.”
5.4. We keep your Personal Information while your account exists or as needed to provide you with the Primary and/or Secondary Purpose. This includes data you provide to us and data generated or inferred from your use of the Primary and/or Secondary Purpose.
6. HOW YOU CAN ACCESS, CORRECT OR CONTROL YOUR INFORMATION
6.1. Forever Journey will permit you to access records containing your Personal Information when required by the Privacy Act (or General Data Protection Regulation or other applicable legislation). We may, however, refuse to provide access to your Personal Information if:
(a) We reasonably believe that giving you access would pose a serious threat to the life or health and safety of any individual (including you);
(b) Giving access would have an unreasonable impact on the privacy of any other individual;
(c) Your request for access is frivolous or vexatious or giving such access would be illegal.
6.2. If Forever Journey is satisfied that:
(a) The information is inaccurate, out-of-date, incomplete, irrelevant, or misleading; or
(b) You (as the person to whom the Personal Information relates) request that we correct the information;
we will take reasonable steps to correct our records containing your Personal Information as soon as practically possible per the Privacy Act.
6.3. If we refuse to grant you access to your Personal Information according to Point 6.1 above, we will still try to take all reasonable steps to provide access to your Personal Information in a way that meets both your needs and our needs.
6.4. If you:
(a) Wish to lodge a request for access and/or a copy of your Personal Information;
(b) Wish to change, edit, or update some of your Personal Information in your account;
(c) Object to the use of or wish to limit the use of some of your Personal Information;
(d) Wish for us to delete some or all of your Personal Information (i.e., if it is no longer necessary to provide the Primary or Secondary Purpose); or
(e) Otherwise wish for us to withdraw your consent for us to store your Personal Information for any reason;
you can do so by contacting the Company’s Data Protection Officer as per the details in Point 12.
6.5. Where Forever Journey provides online account management facilities, customers can control aspects of their account, including amending or updating certain Personal Information.
7. OPENNESS
7.1. Forever Journey’s Data Protection Officer will be your first point of contact for any inquiries related to privacy issues. If you wish to make an inquiry or complaint regarding privacy, you should do so by contacting this officer as per the details in Point 12.
7.2. On the Forever Journey Website, there is a prominently displayed privacy statement that includes a copy of this Privacy Policy.
8. STAYING ANONYMOUS
8.1. Forever Journey will not require visitors to the Website to provide Personal Information unless necessary to answer an inquiry or provide a service. The Company may request visitors to provide Personal Information voluntarily to Forever Journey (for example, as part of a competition or questionnaire).
8.2. Forever Journey allows customers to transact with it anonymously or under a pseudonym where it is reasonable and practicable.
9. TRANSFERRING INFORMATION OVERSEAS
9.1. If we send Personal Information overseas, Forever Journey will take reasonable and practical steps to ensure that the overseas recipient handles the information in accordance with the Privacy Act.
9.2. Forever Journey may disclose Personal Information to an overseas recipient without complying with 9.1 if:
(a) You are expressly informed about the intended disclosure of your Personal Information to the overseas recipient, and you give us your approval accordingly; or
(b) We reasonably believe that the overseas recipient is governed by a law or binding scheme that offers protection for the information at least substantially similar to that provided by the Privacy Act, and you can access mechanisms to enforce the protection of your Personal Information under those laws or schemes; or
(c) Disclosure is required or authorized by an Indian court or tribunal or under Indian law.
10. CHANGES TO THE PRIVACY POLICY
Forever Journey may, at its sole discretion, update this Privacy Policy from time to time. Any changes will be effective when published on the Website. Your continued use of the Website indicates your acceptance of any changes to the Privacy Policy. All Personal Information collected before and after changes take effect will be subject to the revised policy (for which you will be deemed to have provided consent) unless you indicate otherwise by contacting Forever Journey’s Data Protection Officer as per the details in Point 12. We advise you to refer back to this page periodically, especially before providing us with Personal Information.
11. GLOSSARY
- Collect: To gather, acquire, or obtain information through lawful and fair means where the person is identifiable or identified.
- Direct Marketing: The use and/or disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal, or electronic means (including, but not limited to, phone, SMS, and email). This may include goods or services of Forever Journey, related bodies corporate, or independent third-party organizations.
- Disclosure: Generally refers to the release of information outside Forever Journey, including under a contract for outsourcing functions.
- Express Consent Consequences: States that Forever Journey will not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act if you consent to the disclosure of your Personal Information to an overseas recipient and the recipient mishandles the information in breach of the Privacy Act.
- Expressly Informed: When we have provided you with a clear statement (either verbally or in writing) about the Express Consent Consequences.
- Opt-Out: An individual’s request not to receive further Direct Marketing communications.
- Personal Information: Information that is not Sensitive Information, including any information or opinion (true or not) about an individual whose identity is apparent or can reasonably be determined from the information. This includes, but is not limited to, names, addresses, phone numbers, email addresses, or any other information specified in this policy.
- Primary Purpose: The main reason for collecting Personal Information as described in clause 2.1 of this policy.
- Reasonable Expectation: A reasonable individual’s anticipation that their Personal Information might be used or disclosed for a specific purpose.
- Related Body Corporate: As defined in the Corporations Act 2001 (Cth).
- Secondary Purpose: A purpose for use or disclosure other than a Primary Purpose as described in clause 2.2 of this policy.
- Sensitive Information: As defined in section 6(1) of the Privacy Act 1988 (Cth).
- Use: The handling of Personal Information within Forever Journey.
- Website: The website of Forever Journey.com and related webpages, including any other websites and related pages owned or operated by Forever Journey.
12. CONTACTING US
If you have any questions regarding this privacy policy, any privacy-related matters, or need further information about our information management practices, you can contact the Data Protection Officer of Forever Journey at the following details:
