1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply gustocard (membership), and you become a member of the gustoecard (club). Further details regarding the memberships and the club can be found on our website: www.gustocard.com.au (our site). Please read these terms and conditions carefully and make sure that you understand them, before ordering a membership from our site and becoming a member of the club. You should understand that by ordering a membership, you agree to be bound by these terms and conditions. If you are a member of more than one club, these terms and conditions still apply.
1.2 You should print a copy of these terms and conditions for future reference.
1.4 Please understand that if you refuse to accept these terms and conditions an you will not be able to activate your Membership or become a member of a Club.
1.5 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a membership from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
1.6 Purpose of the processing and the legal basis for the processing
1.8 Gustocard have a legitimate interest in further processing the information which is provided by customers at the point of sale for marketing purposes. We may also use your information for other specific legitimate purposes such as:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have either explicitly consented to or we believe you have a legitimate interest in.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties, such as but not limited to; participating restaurants or online booking reservation platforms to use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.
2. Information about us
2.1 The Memberships are operated by Gustocard. Gustocard is owned and operated by Gustocard Ltd, a company registered in Australia under australian business number 12637817498. We are located in Westcourt, Queensland 4870, Australia.
3. Your status
3.1 By placing an order for a membership through one of our sites, you warrant that you are legally capable of entering into binding contracts and you are at least 16 years old.
4. How the contract between you and us is formed
4.1 After placing an order for a membership all orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that a membership has been created, and that payment has been accepted.
4.2 The contract between us will only be formed when we send you confirmation of acceptance of payment for your membership.
5.1 Purchasing a Gustocard gives one calender year to avail 2-4-1 meals in all participating Restaurnts from the time of purchase. Any new restaurants added during this term will also be accessible to the card holder before the expiry date shown on their card.
6. Consumer rights
6.1 You have the right to cancel your initial registration of membership with us within 14 days of your original purchase. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period. Specific cancellation policies will be detailed throughout the purchase process.
6.2 To cancel your membership, please call us on 13000 GUSTO Monday to Friday 9.00am to 5.00pm. Upon cancellation, you will receive a confirmation email; it is recommended that this is kept for your own personal records.
6.3 If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership, less a pro-rata charge for the period of cover. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period.
7. Price and payment
7.1 The price of membership of the club will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Prices include GST.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
7.4 Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.
7.5 Where a physical card has been purchased. There is an admin charge for a replacement card should you require one.
8. Your membership and use at Participating restaurants
8.1 You will receive your membership documentation (all memberships) and membership card within 30 days of your confirmation of your acceptance as a member of the dining club, unless there are exceptional circumstances.
8.2 Once your order has been accepted we aim to dispatch your welcome pack within 4 working days. If you do not receive your welcome pack you must contact us within 30 days to request a replacement. If you do not contact us within 30 days any replacement card that is issued will be subject to an administration fee and be issued with the original expiry date.
8.3 On presentation of your valid Gustocard membership card, participating restaurants will offer a 2 for 1 meal within the Gustocard framework (the cheapest course ordered will be deducted from the bill).
8.4 Participating restaurants may exclude celebration days and bank holidays, as well as busy periods particular to that restaurant. Please check our site for further details with possible exclusions including but not limited to Mothers’ Day, Fathers’ Day and Valentine’s Day. Please refer to individual restaurant pages as other exclusions may apply.
8.5 Offers advertised on our site are only available to members who present a valid membership. Such offers are not available in conjunction with any other offers that participating restaurants may be running, which may include set menus or any other menus other than the standard a la carte menu. Restaurants also withhold the right to choose if they will except more than one Gustocard per booking.
8.6 The expiry date of each membership will vary and will always be checked at each restaurant. Expired memberships are not accepted by participating restaurants. Memberships are strictly non-transferable and can only be used by named members and their dining partners. Any attempted misuse of the memberships may result in confiscation.
8.7 We will use reasonable endeavours to update our site to show the particulars of participating restaurants and the terms of their availability for participation in the club. Participating restaurants may, however, be entitled to withdraw from the club or to change the terms and conditions of their availability after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability.
8.8 Members will have the benefit of any additional restaurants which join the club at a later date and any increase in availability of participating restaurants.
8.9 Any printed marketing material is intended as a guide of restaurants who are participating at the time of publication and, therefore, may not include all participating restaurants at any one time.
9. Our liability
9.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, our liability to you will be limited to the membership fee.
9.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
9.2.1 Loss of income or revenue;
9.2.2 Loss of business;
9.2.3 Loss of profits; or
9.2.4 Loss of anticipated savings.
9.3 Nothing in this agreement excludes or limits our liability for:
9.3.1 Death or personal injury caused by our negligence;
9.3.2 Fraud or fraudulent misrepresentation;
9.3.3 any breach of the obligations implied by section 14 of the Sale of Goods Act 1896; or
9.3.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.4 Where you receive services and/or purchase food from any participating restaurant, any losses or liability arising out of, or in connection with, such services and/or food shall be the relevant participating restaurant’s liability. We accept no liability for any bad experiences or bad food at any of the participating restaurants. We will not become involved in any dispute between you and any restaurant.
9.5 We do not give any warranty for any goods or services accessed through, or displayed on, our site.
10 Written communication
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.3 All notices given by you to us must be given to The Operations Director at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
14.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14 Third party rights
15.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it.
17 Entire agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
18 Law and jurisdiction
17.1 This agreement shall be interpreted in accordance with the Australian law and subject to the non-exclusive jurisdiction of the Australian Courts. Term 5.1 pre-amendment
5.1 The club is an on-going subscription service, so your membership is continuous, and your membership is renewed automatically at the end of each membership period. If you are a member issued with a plastic membership card and have supplied an email address, we will send you an electronic reminder towards the end of your membership term to advise you of the details of the new subscription. Your renewal date is 4 days prior to the expiry date printed on your membership card. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address (both email and postal). If your membership is digital only accessed via our App, your membership will be renewed automatically on the final date of your membership term. If you do not want to renew your membership you should contact us by telephone on 13000 GUSTO at any point within your membership period and no later than 5pm on the working day preceding your renewal date. The automatic renewal does not apply to gift purchases.