Terms & Conditions

Terms & Conditions – Artesian Loyalty

1 Definitions

1.1     Terminology used within these Terms and Conditions shall have the following meaning:
Artesian, Artesian Hospitality, us, we, our means Artesian Hospitality Pty Ltd (ABN 95 623 276 184) and/or any of its representatives, franchisees, affiliates, subsidiaries or related bodies corporate.
Artesian Loyalty means Artesian Loyalty Rewards Program
Artesian Loyalty App means the Artesian Loyalty application for smart devices
Benefits means the available items, as described by Artesian Hospitality, which can be purchased for a prescribed number of Artesian Loyalty Points.
Contribution means ideas, images, submissions or other content, to participate in polls, or to interact with the Service.
Loyalty Points means the points awarded to a member on a 1:1 basis for each eligible dollar spent.
Member means a person who has registered for Artesian Loyalty through the Artesian App.
Services means Artesian Loyalty, Artesian Loyalty App, all associated digital platforms and the Website, including any linked platform, form or social media.
Website means Home – Artesian Hospitality Corp (artesiancorp.com)
You means a person engaging, accessing or using any of the Services as defined herein and provided by Artesian Hospitality.

2 Introduction – Terms of the Services

2.1     Use of the Services, including membership of Artesian Loyalty and the Artesian Loyalty App and all associated platforms is provided by Artesian Hospitality Pty Ltd ABN 95 623 276 184 subject to these terms and conditions.
2.2     Artesian Loyalty and Artesian Loyalty App operate under these terms and conditions unless expressly stated otherwise.
2.3     Where engagement with or use of Artesian Loyalty or the Artesian Loyalty App requires engagement or use of, redirection to or access to another digital platform, such as social media, booking forms or our website, these terms shall continue to apply.
2.4     Artesian Hospitality, including Artesian Loyalty, the Artesian Loyalty App, the website and all associated platforms and social media channels are owned and operated by Artesian.
2.5     Artesian can change, suspend or terminate the Services or any part of the Services at any time without notice.
2.6     You may only use the Services and provide personal information to Artesian Hospitality if you are an Australian resident aged 18 years or over. If you are an Australian resident aged under 18 years, parental/guardian consent is required to engage with the Services and the parent or guardian providing consent must comply with these terms and conditions.
2.7     You download, install, access and use the App at your own risk and cost, including Internet service provider costs and risks from malicious attacks from external parties or fraud.
2.8     Download, access, or use of the Artesian Loyalty App, application for membership to Artesian Loyalty, access or use of the Website, use of the Website and/or booking through the Artesian Loyalty App or linked platforms, or any other use of the Services indicates you accept these Terms.

3 Use of the Services

3.1     By using the Services or registering for Artesian Loyalty you agree that you have read these terms and conditions and you consent to the collection, use and disclosure of your personal information for the purposes of facilitating the Artesian Loyalty Rewards Program, including but not limited to communicating with you, allowing you to redeem rewards, collecting information about your purchases, recording your expenditure at Artesian Hospitality venues and reasonable marketing activities.
3.2     You must not use the Services through another member’s Account, by using another member’s details or by misrepresenting or fraudulently supplying information.
3.3     You can manage your membership via the Artesian Loyalty App, including updating your personal information or deleting your Account.
3.4     You must not attempt to reverse engineer, disassemble or otherwise convert or interfere with the Services.
3.5     The Loyalty App is for use only in Australia.
3.6     We are not responsible for the content of any other websites, social media platforms or applications linked on or referred to during the course of access to the Services.
3.7     Use of the Services must not breach these terms, be fraudulent, dishonest or in breach of any local, state or federal law or regulation.
3.8     Artesian will monitor activity occurring within the Services to ensure that use is compliant with these terms.

4 Artesian Loyalty Membership

4.1     Membership to Artesian Loyalty is free and is available for Australian residents over the age of 18, or residents under the age of 18 with the appropriate consent.
4.2     You must not register for membership if you are already a member of Artesian Loyalty or have had your membership terminated or suspended.
4.3     Artesian Loyalty membership is a requirement to participate in the Artesian Rewards Program, earn Loyalty Points and redeem Benefits.
4.4     Membership is tiered according to engagement and eligibility criteria under Artesian Loyalty as set by Artesian and subject to change.
4.5     A person can become a member of Artesian Loyalty by:

  • Downloading the Artesian Loyalty App from an app store; and
  • Registering for Membership by providing current, correct and complete information.

4.6     You are entitled to register and maintain one Artesian Loyalty Membership only and it must be in your own, legal name.
4.7     Artesian can refuse membership or decline fully or partially completed registrations for any lawful reason, in its absolute discretion.
4.8     We may ask you to produce identification to confirm your details and eligibility. If you choose not to or are unable to provide satisfactory identification, we may reject your registration or cancel your membership.
4.9     You must keep your membership account login details confidential and not share them with anyone.
4.10    You are responsible for any activity on your account.
4.11     You must immediately notify us of any unauthorised use of your account or password or any other security breach.
4.12    It is your responsibility to delete your Account when you no longer wish to be a member.
4.13    Artesian Hospitality will sometimes offer promotions for Artesian Loyalty members that are subject to additional terms and conditions.
4.14   Artesian Hospitality will operate other promotions and competitions outside Artesian Loyalty that are run in accordance with Artesian Hospitality Competition Terms and Conditions.
4.15   The Artesian Loyalty App is available for use to Artesian Loyalty members only.
4.16   Artesian Hospitality accepts no responsibility or liability for any misrepresentation of your age and Benefits will not be redeemable if the Member cannot prove they are over 18.

5 Artesian Loyalty Rewards Program

5.1     These terms apply to any Member who participates in the Artesian Loyalty Rewards Program.
5.2     The Artesian Loyalty App sets out all the information you need about how to earn and redeem Loyalty Points. You can check your points balance, activity, history and any benefits available for redemption by accessing the rewards section of the Artesian Loyalty App.
5.3     You will receive one (1) Loyalty Point for every one (1) dollar that you spend on food or beverages at participating venues, based on the sub-total of a transaction before rounding.
5.4     You can earn Loyalty Points on any Artesian Hospitality food and beverage item that you buy, however Artesian may from time to time exclude certain items, services or venues from points accrual.
5.5     If you order and scan your membership card through the Artesian Loyalty App, you will automatically earn points on eligible orders.
5.6     It can take up to 24 hours for your Loyalty Points to appear in the Artesian Loyalty App. If you believe that points from your eligible purchase have not appeared in your Artesian Loyalty App or you believe that they were calculated incorrectly, you will need to contact Artesian Hospitality either through the Artesian Loyalty App or through customer service and provide your receipt.
5.7     Artesian Hospitality has the ultimate discretion whether or not to award Loyalty Points for purchases.
5.8     If you delete your Artesian Loyalty App, you will permanently delete your Artesian Loyalty Rewards Program membership. Any points accumulated will be lost and cannot be retrieved or used.
5.9     Where Artesian Hospitality believes that the Rewards program is being used excessively, dishonestly, unreasonably or in a fraudulent manner it can, in its sole discretion, elect to terminate the membership or reduce, delete or void any Loyalty Points earned.
5.10    Any Loyalty Points earned, or rewards unlocked through the Rewards program, are non-transferable and cannot be sold, assigned or gifted. Points cannot be combined across multiple Artesian Loyalty App accounts. Points have no cash value.
5.11    Your points will expire on the 2nd day of the month after 3 months from the date they were earned. Points will remain in your Artesian Loyalty App until they are redeemed or until they expire, whichever occurs first.
5.12   Artesian Hospitality may elect to terminate Artesian Loyalty at any time and any unused points will expire and be void upon termination of the program.

6 Benefits

6.1     Benefits, as defined in these terms, are redeemable only by following the instructions provided by Artesian Hospitality and/or the Benefit Partner and requires the accrual of Loyalty Points under the Artesian Loyalty Rewards Program. You are responsible for any additional costs you incur in redemption of a Benefit.
6.2     Benefits are described with a timeframe for use.
6.3     Subject to your rights under the Australian Consumer Law and these terms, we are not responsible for, and remedy will not become available to you, if a Benefit is or becomes unavailable. However, if a Benefit or part of a Benefit becomes unavailable we will use our best endeavours to provide a similar benefit of equal or greater value. We are not responsible for any variation in Benefits or their value.
6.4     Benefits cannot be used in conjunction with any other Benefit, claim, offer, upgrade, promotion, discount or similar.
6.5     Food or beverage Benefits are only valid for the specific item or service stated, including size, type and flavour.
6.6     We can substitute Benefits as a result of seasonal variation, supplier changes, supply availability or other factors.
6.7     It is your responsibility to ensure that Benefits are suitable for you and your circumstances.
6.8     Artesian Hospitality or the Benefit Partner may ask you to provide photo identification to confirm you are the member and legally permitted to access the Benefit, before you can redeem a Benefit.
6.9     Benefits cannot be sold, gifted, transferred, assigned or otherwise dealt with. Benefits are not replaceable if lost or stolen. Benefits are not exchangeable and cannot be taken as cash.
6.10    Artesian Hospitality cannot provide advice or be responsible for any individual tax implications or other obligations that become applicable to a person redeeming a Benefit. You acknowledge that you must seek independent advice.
6.11    If a Benefit Partner is providing the Benefit, they are responsible for the Benefit, and they are not an agent of Artesian Hospitality (and we are not their agent). Subject to your rights under the Australian Consumer Law, we are not liable for availability, quality or fitness for purpose of Benefits offered by a Benefit Partner.

7 Expiration of Benefits

7.1      You must redeem a Benefit within the timeframe stated.
7.2     Benefits not redeemed within the timeframe of availability stated will be deemed to have expired.
7.3     If we terminate, pause or otherwise end your membership to Artesian Loyalty (other than for a breach of these terms) or the Artesian Loyalty App, you will have until 90 days from the termination, or until the expiration date of your Benefits, whichever is earlier, to redeem your Benefits. We will not be liable for any subsequent loss of your Benefits.
7.4     Artesian may impose limits on the number of Benefits rewarded or redeemable by one member.
7.5     Artesian may also impose conditions on which members may receive certain Benefits, such as limiting Benefits to Members of a particular tier, duration of Membership or who reside in a particular area.
7.6     Artesian may also impose any conditions applicable to redemption of specific Benefits, such as number of items, time of day, day, venue or similar. Subject to law, these are subject to change without notice.

8 Contributions

8.1     From time to time, Artesian may invite you to contribute ideas, images, submissions or other content, or to participate in polls, or otherwise interact with the Services.
8.2    Contributions made by you will be made available publicly unless otherwise explicitly stated.
8.3    By making a Contribution, you assign all your intellectual property rights in the Contribution to us. We can modify or improve your Contribution and you assign to Artesian all rights, intellectual, copyright and otherwise and will not be required to acknowledge or credit you as the author or make any payment to you. We can feature your Contribution on social media.
8.4    By making a Contribution, you also give consent to the Contribution and your name, likeness, image and/or voice (including photograph, film and/or recording) being used by Artesian in any media worldwide for an unlimited period of time.
8.5    Each time you make a Contribution, you warrant that:

  • your Contribution is your original creation;
  • you have the right to make and assign the Contribution;
  • information in the Contribution is accurate and not misleading or deceptive;
  • your Contribution doesn’t infringe the rights of any third party, including privacy rights, intellectual property rights and contract rights;
  • your Contribution isn’t illegal or in breach of any regulation, and is not threatening, discriminatory, harassing, in breach of confidence, defamatory, disparaging, in support of terrorism or inciting violence;
  • your Contribution doesn’t contain content that has previously been used in marketing for any third party and you won’t submit your Contribution to any other party for any commercial purpose; and
  • your Contribution doesn’t contain any harmful or malicious code.

8.6     You waive claims against us for use of any idea, product, design and/or concept similar or identical to any idea, product, design and/or concept in your Contribution.
8.7     Artesian may be required by law to disclose your identity because of allegations relating to your Contribution.
8.8     If a third party requests or requires us to remove your Contribution, then it is our decision whether to do so, without liability or notice to you.
8.9     You are liable for any harm caused to people or property, any illegal conduct, or breach of other people’s rights arising from your Contributions. You will co-operate with us in any legal action relating to your Contribution when we reasonably request it.

9 Promotions & Vouchers

9.1     In-venue promotions may not be available via the Artesian Loyalty App.
9.2     Artesian Loyalty vouchers are not redeemable through the Artesian Loyalty App unless specifically stated on the voucher terms.
9.3     Some Promotions will not attract Artesian Loyalty Points accrual.

10 Privacy

10.1     Artesian Hospitality respects and adheres to the Privacy Act 1988 and the Australian privacy principles.
10.2    We will collect, use, store and disclose your personal information only in accordance with the applicable privacy collection statement and Privacy Policy, and as stated in these terms.
10.3    We collect and use your personal information through the Services for the purposes disclosed when we collect the information.
10.4    Collecting and using your information is required to enable you to:

  • register for a Membership,
  • accrue loyalty points,
  • monitor and track your points accrual,
  • receive and redeem Benefits,
  • make Contributions,
  • be provided with our Services; and
  • otherwise use and interact with us and the Services.

and to allow us to:

  • contact you with information about the Services and Artesian Hospitality generally, including special offers, market research or marketing materials relating to the business,
  • share your information with our Australian related entities, officers and agents, who may also contact you for similar purposes;

and

  • use and disclose your personal information for other reasonable related purposes.

10.5      If you choose not to provide us with your personal information we are not able to process your Artesian Loyalty membership registration, apply or grant Loyalty Points to you, accept Contributions, or allow you to redeem Benefits.
10.6     When you use the Artesian Loyalty App, you consent to our use and disclosure of the location of your device for the purpose of tailoring information of relevance to you.

11 Indemnity and Disclaimers

11.1     We will terminate or suspend your Loyalty App account and/or your Artesian Loyalty membership, in our discretion, for signs of fraud, abuse or suspicious activity, or any breach or suspected breach of these terms.
11.2    We reserve our legal rights in the case of breach of these terms or in the case of any unlawful activity.
11.3    All intellectual property, content, trademarks, images and logos remain the property of Artesian Hospitality.
11.4    If we believe you are using any automated software or other mechanical or electronic automated method to accept Loyalty Points or receive and/or redeem Benefits, or to take advantage of Artesian Loyalty or other promotions, we can suspend or terminate your Artesian Loyalty App account, your Artesian Loyalty membership, your ability to place orders on the Artesian Loyalty App, and/or your Website access and any other lawful restriction to the Services or exclusion that Artesian deems necessary.
11.5    Artesian disclaims all warranties that the Services will be error-free or free from harmful code.
11.6    To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the Services.
11.7    Our Services comes with guarantees that cannot be excluded under the Australian Consumer Law. You have rights under the law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of goods or services. For a minor failure, we may choose to provide you with a replacement or refund for goods or services, or re-supply a service. You will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee.

12 Governing Law & Amendments

12.1    These terms are governed by the laws of Queensland. You consent to the jurisdiction of the courts having jurisdiction in Queensland and courts of appeal from them.
12.2    We amend these terms when needed, so you should check them from time to time. Your use of our Services, following any changes, is your acceptance of those changes.

13 Location Data

13.1    When you download and use the Artesian Loyalty app, we may collect information about your location. With your permission, we may collect information about your precise location for certain features, such as geofencing, via Global Positioning System (GPS) and other location-based features. We collect location information to provide you with location-based services and offers, and conduct analytics to improve our services and customer support. Your permission can be revoked at any time. If you decline permission for us to collect your geolocation, we will not collect it.

14 Artesian Contact Details

Contact us at:
mail: Artesian Hospitality Pty Ltd, PO Box 1324, Surfers Paradise QLD 4217
telephone: +61 756 198 192
email: [email protected]