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VIP Terms and Conditions
    Terms & Conditions

ISO LOUNGE "REWARDS CLUB" LOYALTY PROGRAM
TERMS AND CONDITIONS

"PLEASE READ CAREFULLY. By reviewing these Terms and Conditions and nominating "I Agree", you, the "Participant", agree to the following rules governing the Iso Lounge Loyalty Program. By giving your acceptance, you acknowledge that you have read all of these Terms and Conditions, understand them, and agree to be legally bound by them. If you do not agree to these Terms and Conditions, you may not participate in the Iso Lounge Loyalty Program.

A.       Overview of the Iso Lounge Loyalty Program
  1. The Iso Lounge Loyalty Program (the "Program") is a loyalty program through which Participants can earn a status ("Iso Status") as they continue to dine with Iso Lounge. As participants dine they will achieve levels of membership ("Status"), each level holds its own rewards and benefits for participants. These rewards and benefits include products from the restaurant, discounts, gifts and other items chosen by Iso Lounge. Membership signup is necessary to participate in the Program.
B.       Eligibility
  1. The Program is void where prohibited by law and where prohibited by contract between Iso Lounge and Participant (you) and/or Participant's (your) employer. The program is open only to persons legally residing in Australia, who are eighteen (18) years old or older at the time of registration for the Program.

  2. Employees, officers, and directors of Iso Lounge and its respective related companies, agents and suppliers, as well as the spouses, children, parents, grandparents, and household members of each such employee, officer, or director, are not eligible to participate.

  3. Participation in the Program constitutes the Participant's (your) full and unconditional agreement to these Terms and Conditions.

  4. Participant represents and warrants that his/her employer and/or the entity he/she represents is aware of his/her participation in the Program and that such participation does not violate any policies or conditions applicable to the agency relationship between Participant and his/her employer and/or the entity which Participant represents. Iso Lounge reserves the right to verify this representation.

C.       Duration of Program
  1. The Program will begin on the 1st of November 2007 and continue for an undermined length of time.

  2. Iso Lounge reserves the right to shorten, extend, or cancel the Program, at its discretion, at any time.

D.       Enrolling in the Program
  1. Participants may enroll in the Program online at www.isolounge.com.au. Enrollees in the Program are VIP Members. A Participant may not become a Member if he/she does not agree to these Terms and Conditions. Members are identified by their full name, home address and contact details they provided at the time they registered to become an Iso Lounge VIP Member. Iso Lounge reserves the right to add or change the Rewards and Benefits awarded for membership at any of the associated activities below.

E.        Achieving Iso Reward Status
  1. Members may earn Iso Reward Status in one way:
    By using the showing their membership card when dining at Iso Lounge. Each visit adds to an accumulating total which increases them in status provided they meet the guidelines set out below.

  2. An individual "Rewards" member qualifies to earn increase their status when dining however when dining with other members only one card can be used per table.

  3. Iso Lounge reserves the right to change, add, or remove the methods by which Members can earn Iso Reward Status. Members are responsible for the payment of all local, state, provincial, territorial and federal taxes which may result from the reward(s) received as part of the Program.

  4. Each Member is responsible for ensuring the accuracy of his/her Account. Members are encouraged to check their Accounts to ensure that the correct number of visits have been accrued to his/her Account.

F.        Redeeming Iso Rewards and Benefits:
  1. Members may redeem their Iso Rewards according to the status of their membership. Rewards will include Iso Lounge menu items from their food and beverage lists.

  2. The Iso Rewards status of a Member's Account for a period of more than one (1) year from the date of the Member's registration/renewal, will be carried over to the next year provided that membership renewal is done within 30 days of a participants membership ending. An Iso Reward status has no cash value and is only valid for offered rewards.

  3. As a condition precedent to redeeming Iso Rewards status, the Member must still be authorized to purchase Iso Lounge products on behalf of the entity through which the Iso Reward status was originally earned, at the time of redemption.

  4. Rewards cannot be redeemed during special events including but not limited to Valentines Day, Easter, Mothers Day, Fathers Day, Melbourne Cup, Christmas, New Years Eve unless otherwise stated by Iso Lounge.

G.       Modifications and Termination of the Program
  1. Iso Lounge reserves the right to modify any of the terms and conditions set forth herein - including, but not limited to, the duration of the Earning Periods or the Redemption Period, the methods by which Members may earn Iso Reward status, the Iso Rewards associated with each status, the number and type of Iso Rewards that may be redeemed through the Program, and any of the options made available to Members with respect to their Accounts - at any time, with or without notice, even though these changes may affect a Member's ability to earn or use his/her Iso Reward Status.

  2. Iso Lounge reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a Member's ability to accrue or use his/her Iso Reward Status. Members will have 30 days from date Program termination is announced to use their Iso Rewards and Benefits.

  3. A Member's continued participation in the Program constitutes the Member's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that Iso Lounge may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Iso Lounge Website and will supersede all previous versions of these Terms and Conditions.

H.       Limitation of Liability
  1. Iso Lounge is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Websites or on-line service, or for any other technical or non-technical error or malfunction.

  2. Under no circumstances, including, but not limited to, negligence, shall Iso Lounge, its affiliates, and their respectiveofficers, directors, employees, stake holders, agents, successors, assigns, and service providers be liable herunder for any direct, indirect, incidental, special or consequential damages arising out of the program or foods offered through the program, even if any or all of the foregoing or any of their authorized representatives have been advised of the possibility of such damages and even if a limited remedy set forth herein fails of its essential purpose, except to the extent Iso Lounge agrees otherwise in writing.

  3. If Iso Lounge improperly denies a member any Iso Reward status, such members sole remedy and Iso Lounge's and its affiliates' total liability will be limited to posting the equivalent Iso reward status to the Member's account.

  4. By participating in the program, a member waives any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition, or omission upon which the claim or action is based

  5. These terms and conditions, the remedies and limits on liability set forth herein, and the other provisions in this agreement reflect the allocation of risks between the parties. The terms of this section are essential elements of the basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the limitations herein may not apply to you to the extent prohibited by such local laws; if so, then Iso Lounge's liability for damages hereunder shall not exceed a dollar amount equal to the amount paid for membership enrollment to be posted by Iso Lounge under Section E.4 or $50, whichever is less.

  6. To the fullest extent allowable by law, and except to the extent Iso Lounge agrees otherwise in writing, your participation in the program is entirely at your own risk and the program is made available to you "as is" and Iso Lounge make no representation or warranty regarding the program, and hereby disclaims all warranties. Whether express or implied or statutory, including but not limited to any implied or other warranties of merchantability, fitness for a particular purpose, title, non-infringement or non-misappropriation of intellectual property rights of a third party, custom, trade, quiet enjoyment, accuracy or informational content, or system integration.

  7. As a condition of participating in this Program, Member agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action, and exclusively by the Australian District Court or the appropriate State Court located in each state.; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will a Member be permitted to seek recovery for, and Member hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.

  8. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Member and Iso Lounge in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of NSW, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of NSW, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of NSW.

  9. These Terms and Conditions constitute the entire agreement between Iso Lounge and program participants pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

  10. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

  11. Iso Lounge shall not be held liable or responsible to the Member for failure or delay in fulfilling or performing any obligations in these Terms and Conditions to the extent and for so long as such failure or delay is caused by or results from causes beyond Iso Lounge's reasonable control.