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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
-
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
- 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.
- 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.
- Participation in the
Program constitutes the Participant's (your) full and unconditional agreement
to these Terms and Conditions.
- 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
- The Program will begin on
the 1st of November 2007 and continue for an undermined length of
time.
- Iso Lounge reserves the
right to shorten, extend, or cancel the Program, at its discretion, at any
time.
D.
Enrolling
in the Program
- 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
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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