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WEBSITE TERMS AND CONDITIONS

Last updated: March 31, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the The Grounds VIP mobile application (the “Service”) operated by The Grounds of Alexandria (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Grounds of Alexandria and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Grounds of Alexandria. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Grounds of Alexandria.

The Grounds of Alexandria has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Grounds of Alexandria shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

The Grounds of Alexandria uses Facebook as a tool for customers to sign up to The Grounds VIP mobile application. When using Facebook The Grounds VIP mobile application pulls information from the user’s Facebook account including but not limited to public profile, email, user name, birthday, profile picture.

The Grounds VIP mobile application uses google maps as a tool to start trips to The Grounds of Alexandria. When using this tool Google and The Grounds VIP mobile application store information referring to the location of the trip was started.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Servuce or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Grounds of Alexandria its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us.

LOYALTY APP TERMS & CONDITIONS

Late updated: 22nd November 2019

The Grounds loyalty app is the customer Loyalty Program which The Grounds of Alexandria (trading) Pty Ltd operates throughout its venues. By downloading the app and registering your details you agree that these T&Cs will apply to you in respect of The Grounds Loyalty Program.

IMPORTANT CONTACT DETAILS

Website: thegrounds.com.au

Contact Number: (02) 9699 2225

IMPORTANT TERMINOLOGY

In these T&Cs, when we use the terms:

Loyalty Benefits, we mean benefits you can earn or be awarded from time to time in connection with The Grounds Loyalty Program, for instance, Points, exclusive personalised loyalty offers, VIP status and the other types of benefits mentioned in these T&Cs.

Online, we mean thegrounds.com.au

Loyalty account, we mean your registered account that you can access via the loyalty app, for example by logging into your authorised smartphone app.

Loyalty Program, we mean the rewards program whereby you can earn Points and other Loyalty Benefits via the app redeemable in store.

Who can join the Loyalty Program?

You need to be an individual – that’s it!

How do I register to become a loyalty account holder and does it cost anything?

You can join (i.e. register to be part of the Loyalty Program) by downloading The Grounds official loyalty app and registering your details. Joining is free and there are no fees to continue as a part of the Loyalty Program.

What if I don’t want to register my details in the loyalty app?

Sorry – but in that case you are not be able to take advantage of the Loyalty Program.

What are Loyalty Points? 

Loyalty Points are the points that you earn by purchasing in store at The Grounds venues listed in paragraph 5 below or via The Grounds app. For every 1 cent you spend, you’ll receive 1 loyalty reward point. 1000 points = $1 discount on any future in store purchase. Suggest we add something about maintaining the right to change the value of points

Where can I earn Points?

• The Grounds of Alexandria: Cafe, Potting Shed and Garden venues
• The Grounds of the City
• The Grounds app takeaway purchases

At what rate will I earn Points?

You will earn 1 Point for every 1 cent you spend at any of The Grounds venues in store or via The Grounds app. We may also run promotions whereby you can earn bonus Points, for instance an offer to earn bonus Points on particular products. Some of these offers may be exclusive personalised offers to earn bonus Points based on your individual profile, and will be available only on your loyalty account.

How do I earn Points?

In Store

For dine in and takeaway orders in store, ask our friendly staff to scan your app’s unique QR code prior to the conclusion of the transaction. Points will be automatically applied to your app and, if you already have some saved up, you can choose to redeem your points for a discount. If you do not scan your Rewards card at the checkout before the transaction is finalised, you will not earn Points on that purchase. 

In App

Simply use your app as normal to order takeaway ahead of time and points will automatically be applied for every purchase.

What do I need to do to redeem my loyalty points? 

To redeem your loyalty points for a discount on your purchase, you need to scan your loyalty app prior to the conclusion of your in store transaction at The Grounds participating venues. At this time, loyalty points cannot be redeemed on in app purchases.

Where can I redeem my Points?

• The Grounds of Alexandria: Cafe, Potting Shed and Garden venues
• The Grounds of the City

Will my Points expire?

Your loyalty points do not expire! Bank them up and use them whenever you are ready.

Where can I check my Points balance?

You can check your Points balance within The Grounds loyalty app.

Besides Points, what are other benefits I could qualify for as part of the Loyalty Program?

You can also earn VIP status by spending a sum equal to or greater than $2000 within 12 months. VIP status include the following exclusive loyalty benefits:

• VIP card
• Annual birthday bonus points
• Access to pre-sale tickets on select special events
• Priority parking at The Grounds of Alexandria
• Jump to the front of the queue for dine in at our venues
• Secret event invites
• Christmas gift

What happens if my VIP card is lost, stolen or damaged?

If your card is lost, stolen or damaged, please contact us and we will issue a replacement.

How will The Grounds be collecting, using and disclosing my personal information?

The Grounds will collect, use and disclose your personal information in accordance with the The Grounds Privacy Policy, which forms part of these T&Cs. You may access the Privacy Policy here. The Grounds may amend the terms of the Privacy Policy from time to time in accordance with these T&Cs. By downloading the app and registering your details in app you acknowledge that you have read the Privacy Policy, and understand and agree that we will collect, use, store and disclose your personal information in accordance with its terms.

What are my rights to opt in and opt out of marketing communications?

You agree that we may send you direct marketing communications and tailored advertising via various channels and media (including by email, mail, app notifications or via ads on social media) where you have not opted out from receiving such communications and advertising via those channels or media. Your agreement will be deemed to be effective until such time as you opt out of receiving direct marketing or tailored advertising via the relevant channel or media. You may opt-out of receiving direct marketing communications (including opting-out of receiving such communications through certain media, or opting-out of receiving direct marketing communications via certain channels) by modifying your communication preferences using the “unsubscribe link” on any email marketing communication. Tailored advertising is advertising that is specifically tailored to particular segments of Loyalty Program registrants based on certain attributes, behaviours or preferences which they have in common. Tailored advertising is facilitated through the use of cookies and other digital technologies. For more information, please see our Cookie Statement within our Privacy Policy here. You can also opt out of receiving tailored advertising on the social media sites you use by changing your account settings for the relevant site. Please note that opting out of tailored advertising is device-specific. You will need to opt out of receiving tailored advertising for each device used to access online content. You can also block or disable cookies by adjusting the privacy settings in your web browser. If you adjust your settings to disable session and certain persistent cookies, you may find that the websites you visit have only limited functionality. If you have any questions about how to opt-out or unsubscribe please contact us on info@thegrounds.com.au. You can also opt out of all types of marketing communication and advertising by emailing your request info@thegrounds.com.au. Regardless of whether you opt out of any and/or all marketing communications, you consent to still receive service based communications relating to the Loyalty Program, including changes to these T&Cs and/or our Privacy Policy, account transactions or important information. 

Can these T&Cs be changed or terminated?

Yes. The Grounds may change, suspend or terminate these T&Cs or the Loyalty Program at any time. We will give advance notice of any such change, suspension or termination on our Website (or you can obtain details by contacting The Grounds). Where we change the T&Cs, a copy of the revised T&Cs will be available on the Website or can be obtained by calling The Grounds. If you continue to use the loyalty app or seek to access or use any Loyalty Benefits after the period of advance notice has expired, you will be deemed to have accepted the amended T&Cs.

What are my responsibilities in relation to my membership?

Please keep your personal details updated by updating your registered account details within the app settings. This is because, if you don’t keep your personal details up to date, we may not be able to provide you with your Loyalty Benefits. It is your responsibility to keep your loyalty app secure. Please treat your Loyalty Program account password as your confidential information. You must take all reasonable steps to prevent unauthorised use or access to your loyalty account and information about your membership, including your account password. You acknowledge that unauthorised access to your loyalty account and personal information may occur if you do not take these steps. Any tax, liability, or duty incurred by you arising from your participation in the Loyalty Program is your responsibility.

What restrictions apply to my loyalty account?

You can only have one loyalty account per person, and you can’t transfer your loyalty points or account to someone else. Loyalty Benefits cannot be exchanged or refunded except as expressly set out in these T&Cs.

What are The Grounds’ rights in relation to my membership and the Rewards program?

We may add or remove items from the list of No Earn Purchases, or change the earn or redemption rate of loyalty points. We will give you notice of the excluded venues, or of changes to the list of No Earn Purchases, or earn or redemption rate of loyalty points on the Website. We may specify exclusions and conditions (for example qualifying spend and offer duration) for any Loyalty Benefits and we may change these from time to time, including during the duration of a Loyalty Benefit offer. The Grounds may reverse (i.e. debit) any Loyalty Benefits which have been allocated (i.e. credited) to you where you have returned the goods or you have been refunded for the goods or services in respect of which those Loyalty Benefits were earned. We may also reverse Loyalty Benefits which have been allocated to you if there are any other grounds which we consider, in our reasonable discretion, justify a reversal, for instance, if the Loyalty Benefits were allocated to you by mistake (including by reason of our error) or if you earned them by misusing an offer, or through fraudulent means. We reserve the right to monitor your purchase history to ensure that any Loyalty Benefits are accumulated legitimately. We reserve the right at any time without notice to reverse or cancel any Loyalty Benefits including points. Grounds for doing any of the above include if you (or someone using your loyalty account or account details):

• abuse, misuse or attempt to abuse or misuse the Loyalty Program, your VIP card, any offers for Loyalty Benefits or anything else associated with The Grounds;
• do anything that is contrary to these T&Cs;
• fraudulently accumulate Points or other Loyalty Benefits;
• use or attempt to use your Points or Loyalty Benefits for purchases made by a person other than you, the Loyalty Program account holder;
• engage in unacceptable conduct in connection with your loyalty account, which will be deemed to include if The Grounds has a reasonable suspicion of conduct by you which amounts to dishonesty, fraud or wrongful conduct.

You agree that, except to the extent that these T&Cs expressly provide otherwise, we do not need to notify you in advance, or give you any reasons, with regard to any action we take concerning your loyalty account.

What is The Grounds’ liability in respect of my loyalty account and the Loyalty Program?

You acknowledge and agree that there may be:

• delay in issuing you with, or non-issue to you of, any Loyalty Benefits;
• delay in or non-replacement of a lost, stolen or damaged VIP card;
• acts, errors or omissions by us in the course of providing Loyalty Benefits (including as referred to in these T&Cs);
• loss, theft or damage to any documentation in the course of the posting or delivery of that documentation to you; or
• a suspension and/or termination of the Loyalty Program, including the ability for loyalty account holders to earn and redeem Points,

and to the maximum extent permitted by law (and provided that nothing in these T&Cs limits your rights under the Australian Consumer Law), we will not be liable to you in any way for any cause in connection with such matters, including for any unused Points at the time of termination. You agree that any comments, suggestions or recommendations you may receive from us or others as part of Loyalty Benefits may not be suitable, accurate or complete and you must not rely on them in a way which may give rise to any loss or damage. If you intend to rely on anything in connection with the Loyalty Program, your reliance should be based solely on your own judgement, including as to the extent to which you should obtain or use any Loyalty Benefits. Provided that nothing in these T&Cs limits your rights under the Australian Consumer Law, any liability we may have to you in negligence, breach of contract or otherwise, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any goods or services supplied by The Grounds pursuant to these T&Cs, whether express or implied by statute, are excluded to the maximum extent permitted by law, and, where liability cannot be excluded (such as where the Australian Consumer Law applies), our liability to you will in all cases be limited to:

• the cost of re-supplying the goods or services or repairing, or paying the costs of repairing, the goods; or
• reinstating the number of other Loyalty Benefits, in dispute.

The above limitation of liability in The Grounds’ favour also applies to related bodies corporate (as defined in the Corporations Act 2001 (Cth)) of The Grounds.

Who do I contact if I have a complaint or query?

If you have any queries or complaints regarding the Loyalty Program, please contact us. You

can do this by calling the The Grounds on (02) 9699 2225 or by emailing info@thegrounds.com.au.

2022 The Grounds x The Grounds Wonderland Competition
Terms and Conditions

The Promoter is The Grounds of Alexandria (Trading) Pty Ltd, whose registered office is at 7a/2 Huntley Street, Alexandria NSW 2015.

This competition is open to everyone, except employees of The Promoter and their close relatives and anyone otherwise connected with the organisation or the judging of this competition.

There is no entry fee and no purchase necessary to enter this competition, however please be aware that access to the 2022 The Grounds Wonderland is reserved for guests who dine in The Grounds of Alexandria Cafe, The Potting Shed, book a private dining session and/or attend an event at The Grounds of Alexandria. Additionally, please note that access to The Grounds of Alexandria after hours (4.30pm – 10pm) is reserved for guests who dine in The Potting Shed.

Entrants give The Promoter the right to use and/or repost any content posted to social media with the hashtag #TheGroundsWonderland.

Multiple entries will be accepted.

The closing date for entries in this competition will be updated when there’s only 4 weeks remaining.

The Promoter does not accept responsibility for entries not received for any reason whatsoever.

To enter, people must upload a photo that they’ve taken at The Grounds of Alexandria during the 2022 The Grounds Wonderland campaign to Facebook or Instagram, tag @thegrounds and use the hashtag #TheGroundsWonderland.

The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notices in the event of a catastrophe, war, civil or military disturbance, COVID-19 outbreak, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of The Promoter’s control. Any changes to the competition will be communicated to entrants as soon as possible by The Promoter.

The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

One (1) prize winner will receive a AUD$200 voucher to spend at The Grounds of Alexandria Cafe, The Potting Shed or The Grounds of The City. The prize is as stated and no cash alternatives will be offered. The prize is not transferable.

The winner will be chosen at the discretion of The Promoter’s competition administrator and notified on or before Friday, 29 April 2022.

The winner will be notified by email and/or DM on Facebook or Instagram. If the winner cannot be contacted or does not claim the prize within 14-days of notification, The Promoter reserves the right to withdraw the prize from the winner and select a replacement winner to receive the prize.

The Promoter will notify the winner when and where the prize can be collected / delivered.

The Promoter’s decision in respect to all matters to do with the competition will be final and no correspondence will be entered into.

By entering this competition, an entrant is indicating their agreement to be bound by these terms and conditions.

The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

The entrants in this competition agree to the use of their name, image and/or social media handle in any publicity material about The Grounds of Alexandria, as well as their entry. Any personal data relating to the entrant will be used solely in accordance with current Australian data protection and will not be disclosed to a third party without the entrant’s prior consent.

The winner’s social media handle will be available 28-days after the closing date by emailing the following address: info@thegrounds.com.au.

This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network. You are providing your information to The Grounds and not to any other party. The information provided will be used in conjunction with Privacy Policy found at: thegrounds.com.au/privacy-policy.