Terms & Conditions

Your Agreement With Us

Summary: In exchange for purchasing an Urban Feast Card, you’ll get bill reductions at great Restaurants across your city.

Background

As part of their growing suite of offerings to readers, Urban List Pty Ltd (Urban List, we, us, our) is launching Urban Feast - a program which will provide you with the opportunity to get Bill Reductions at a number of Restaurants in your city. 

Accepting this Agreement

By purchasing an Urban Feast Card you agree to comply with and be bound by the terms and conditions of this Agreement. You are also agreeing to be bound by our General Terms and Conditions and our Privacy Policy. If you don’t agree to these terms, you can’t take part in the Urban Feast Program.

The Urban Feast Card

The Urban Feast Card entitles you to $25.00 AUD off a meal when dining at participating Restaurants (Bill Reduction), provided you meet the criteria for a  Qualifying Meal (detailed below). The Restaurants at which you may receive a Bill Reduction using your Urban Feast Card will depend on the city you register for, and will be displayed at urbanfeast.theurbanlist.com. 

Program Period

This Agreement will commence on purchase of your Urban Feast Card and will continue until 31st August 2020 (Program Period). After the Agreement ends, your Urban Feast Card will no longer be valid.

Delivery

Once you place an order for an Urban Feast Card (whether on our Website at https://www.theurbanlist.com/ or elsewhere), we will send you the card via post to the address you provide us. The Urban Feast Card should arrive at the address within 7 business-10 days from the date of your purchase. If it doesn’t, you need to contact us.

Gifts

You may purchase an Urban Feast Card as a gift, provided that you purchase that card under the name and address of the intended recipient. Where this is not possible, please let us know.

Program

Summary: Provided you have a valid Urban Feast Card and meet the below conditions, you’ll be entitled to $25 off the total bill at each participating Restaurant.

Using the Urban Feast Card
        1. Your Urban Feast Card:
          1. can only be used once at each participating Restaurant;
          2. must be used all in one transaction per Restaurant;
          3. needs to be presented in person when paying for your meal;
          4. will only be accepted during individual Restaurants food service hours;
          5. can’t be used in conjunction with any other offers, promotions or programs (whether by the Restaurant or Urban List) unless advised otherwise;
          6. can’t be used during special events (pre-paid events or other events specified by the Restaurants);
          7. can’t be redeemed for cash;
          8. can’t be used with other Urban Feast Cards to obtain larger Bill Reductions on the same table (one card per table); and
          9. does not entitle you to a higher quality of service, booking priority or any other benefit at a Restaurant save for a Bill Reduction.
        2. Where you use your Urban Feast Card for a Bill Reduction at a Restaurant, the employees of that Restaurant will be entitled to permanently mark the section your Urban Feast Card which relates to that Restaurant. Where that section is marked, you can’t use your Urban Feast Card at that Restaurant again.
        3. You are responsible for your Urban Feast Card from the time it’s been posted to you. You acknowledge and agree that we won’t be responsible for replacing or locating lost, damaged or stolen Urban Feast Cards. 
        4. You will take all reasonable measures to keep your Urban Feast Card safe, secure, in good condition and available at all times. You acknowledge that, as we have no way of validating what you’ve used on an Urban Feast Card, it’s reasonable for us to have a ‘no replacements’ policy.
        5. You must ensure that your Urban Feast Card is intact, in good condition and presented at the time of payment for a bill. 
        6. You must not attempt to copy, duplicate, tamper, alter, misuse or otherwise seek to gain further Bill Reductions for yourself or third parties in relation to your Urban Feast Card or the Program. 
Bill Reductions
      1. For a meal to qualify for a Bill Reduction, you must, during the Program Period: 
        1. spend $75.00 or more in one sitting at a Restaurant;
        2. purchase food (ie, the meal cannot be drinks only) during that sitting;
        3. provide a valid Urban Feast Card to Restaurant employees at the conclusion of your meal when paying the bill; and
        4. demonstrate that the section on your Urban Feast Card which relates to the Restaurant has not been permanently marked by an employee of that Restaurant at a prior date;

before your meal will qualify for a discount. (Qualifying Meal)

        1. You are not obliged to indicate at a Restaurant whether you’ll be taking advantage of a Bill Reduction prior to payment for that meal.

Responsibilities

Summary: We provide your Card and source the Restaurants, but that’s the extent of our involvement.

What We’re Responsible For

In facilitating the Urban Feast Program, we are responsible to you for:

        1. issuing the Urban Feast Cards;
        2. signing Restaurants on to the Program;
        3. requiring that Restaurants honour the Urban Feast Cards to remain in the Program; and
        4. answering your questions or concerns about the Urban Feast Cards via email.
What We’re Not Responsible For

You acknowledge and agree that we are not responsible to you for:

        1. replacing lost, damaged or stolen Urban Feast Cards;
        2. ensuring any level of service, meal quality or other aspect of your experience at a Restaurant;
        3. any changes that may occur during the Program Period, including (but not limited to) the closure or relocation of Restaurants, menu changes, change of Restaurant ownership or alteration in quality;
        4. booking availability and your experience at a Restaurant;
        5. signing new Restaurants to the Program where a Restaurant closes or no longer serves customers; or
        6. anything else not expressly set out in this Agreement.

Purchase, Payment and Cancellations

Summary: You agree to pay us, and we’ll cancel your order (if possible) if you let us know before we send it.

Concluded transactions
        1. Prices for the Urban Feast Card presented on our website are provided as an invitation to treat. By completing the form on the Website checkout you are making an offer to us on the terms and conditions set in this Agreement. 
        2. We are under no obligation to accept any offer you make, but our acceptance of your offer will be deemed after payment for the Urban Feast Card has been received.
Payment
        1. In purchasing the Urban Feast Cards, you agree to abide by the terms and conditions imposed by your financial institution, and pay the amounts in relation to the transactions you authorise on our Website.
        2. While we use only reputable payment gateway providers, we are not liable for any act or omission of the payment gateway provider you select on the checkout.
        3. For alternative means of payment please contact us via the email address set out above. Any payment by alternative means, if accepted by us, is subject to the terms and conditions of this Agreement to the maximum extent the apply.
Payment Processing

All purchases that are made on our Website are processed securely and externally by PayPal. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address). You may view Paypal’s privacy policy here.

Cancellation and Return
        1. Once a transaction for an Urban Feast Card is concluded, you may not cancel the order unless you contact us via email at urbanfeast@theurbanlist.com as soon as possible and:
          1. we confirm that your order for an Urban Feast Card has not already been processed; or
          2. if it has been processed, we can prevent it being sent to you internally.
        2. Where we are unable to cancel your order, you agree that you will be bound by your purchase and waive any and all right to claim against us.

General

Summary: Some general legal bits - including liability, privacy, misuse and unforeseen events.

Liability

The Competition and Consumer Act 2010 (Cth) stipulates that there are certain guarantees, warranties and conditions that cannot be excluded by law (Non Excludable Conditions). Where the Non Excludable Conditions do not apply, you acknowledge and agree that our liability to you under this Agreement is limited to the price paid for the Urban Feast Card. We also expressly exclude: 

        1. all liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement; and
        2. all implied guarantees, conditions and warranties from this Agreement except any Non Excludable Condition.
Privacy Policy
        1. You agree and consent to the handling of Personal Information in accordance with our Privacy Policy.
        2. We may amend our Privacy Policy in our sole discretion.  If we amend our Privacy Policy, we will post it on our website.  
        3. You consent to us using all the information you provide to us in purchasing the Urban Feast Card to carry out the Program and for the following additional purposes:
          1. administering your Urban Feast membership;
          2. statistical analysis;
          3. sending you news of our special events, offers, promotions and newsletters either by post, email, SMS or through any social network that are related to Urban Feast;
          4. market research; and
          5. sharing information with the participating restaurant partners for their marketing and promotional purposes.
Misuse

Where we become aware that you have breached your obligations under this Agreement or have otherwise misused your entitlement to Bill Reductions, we may terminate this Agreement request that you return or destroy your Urban Feast Card. If we do, you must comply with our directions as soon as possible (and provide us proof if we request it).

Assignment

We may assign, encumber, declare a trust over or otherwise create an interest in our rights under this document without your consent, and may disclose to any potential holder of the right or interest any information relating to this document or any party to it.

Governing law

The laws of Queensland, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Inconsistency with other documents

If the terms of this Agreement are inconsistent with any other document or agreement between the parties, these terms prevail to the extent of the inconsistency.

Operation of these terms
        1. These terms contain our entire agreement.  Any previous understanding, agreement, representation or warranty between us in relation to the Urban Feast Program is replaced by these terms and has no further effect.
        2. Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of these terms.
Reliance

Neither party has entered into any contract under this Agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in this Agreement.

Unforeseen Event
        1. The obligations of the parties under this Agreement are suspended to the extent that occurrences or conditions beyond its control, including but not limited to acts of terrorism, hacking, acts of God, war, strikes, civil disorder, disasters, earthquake, fire, flood, lockout, embargo, failure of suppliers, equipment failures or changes to government regulations (Unforeseen Event) which affects them, as long as the Unforeseen Event continues.  However, if an Unforeseen Event continues for more than 40 Business Days, we may terminate this Agreement by notice in writing to you of not less than 10 Business Days.  
        2. A party claiming an Unforeseen Event must use their best endeavors to remove, overcome or minimise the effects of that Unforeseen Event as quickly as possible.  
Variations

This Agreement may only be varied in writing by agreement between the parties.

Complaints and Questions

All questions, requests and complaints in relation to this agreement must be directed to urbanfeast@theurbanlist.com. We will endeavour to respond to any correspondence within two business days.

Definitions

Summary: Definitions for all the capitalised terms in this Agreement not already defined

Unless the terms and conditions of the Agreement explicitly state otherwise, expressions used in the Agreement have the following meanings:

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Restaurant means a restaurant which is participating in the Program and providing Bill Reductions to Customers.

Urban Feast Card means the card which you are purchasing to participate in the Urban Feast Program.

Urban Feast Program or Program means the program which facilitates your use of the Urban Feast Card to get access to Bill Reductions at participating Restaurants.