Terms and Conditions

Welcome to Corporate Swan - powered by Urban Swan!

We have partnered with the best Merchants in the business to ensure you enjoy a memorable team experience.

These terms of use (Terms) govern your use of the Corporate Swan Website and any goods or services made available through the Website. By using the Website, you agree to be bound by these Terms which forms a binding contractual agreement between you and Urban Swan.

To help you read these Terms, capitalised words and phrases used in these Terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s) or as set out in the Definitions in clause 2.

We may update any part of these Terms at any time without notice to you. By continuing to use the Website, after such an update, you agree to be bound by these Terms as amended.

We encourage you to check the date at the top of these Terms to see when we last updated it.

1. GENERAL

(a) You will be taken to have accepted these Terms, as a binding contractual agreement between you and Urban Swan, when you use the Website (including by purchasing an Experience or registering for an Account).

(b) By using our Website, including purchasing an Experience, you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit or credit card or other payment means you provide at the time of checkout.

(c) If you use the Website on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “Customer” and “you” means the Represented Entity, and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Website on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. DEFINITIONS

Affiliate Listing - has the meaning given in clause 3(a)(ii).

Affiliate Partner - means an affiliate partner of Urban Swan which processes payment and bookings of Affiliate Listings.

Aggregated Listing - has the meaning given in clause 3(a)(i).

Australian Consumer Law - means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Booking Confirmation - has the meaning given in clause 7(b).

Customer, or you - means the entity that enters into these Terms, including the Represented Entity if applicable.

Experience - means any goods, services or activities that make up a Listing, and performed as Merchant Services under Merchant Terms.

Hosted Listing - has the meaning given in clause 3(a)(iii).

Intellectual property Rights - means all copyright, trade mark, design, patent, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

Listing - has the meaning given in clause 3(a).

Merchant - means the third party person or entity who performs the Merchant Services.

Merchant Services - means any goods, services or activities performed by a Merchant for the purposes of an Experience.

Merchant Terms - has the meaning given in clause 5(b).

Participant - means any person(s) that will attend an Experience booked by the Customer.

Represented Entity - has the meaning given in clause 1(b).

Urban Swan, or we, us or our - means The Urban Swan Pty Ltd (ACN 645 526 512) t/as Urban Swan.

Website - means the Urban Swan website, being www.corporateswan.com and any other websites Urban Swan operates with the same domain name and a different extension.

3. LISTINGS

(a) We list the following types of Experiences on our Website (collectively Listings):

(i) Aggregated listings – Listings created by us using information freely available from Merchants where you are re-directed to the Merchant’s website to pay for and book an Experience (Aggregated Listing);

(ii) Affiliate listings – Listings where you pay and book for an Experience through our Affiliate Partner’s booking and payment platform (Affiliate Listings); and

(iii) Hosted listings – Listings where you pay and book for an Experience directly through our Website (Hosted Listing).

(b) Clauses 7 to clause 12 (inclusive) of these Terms do not apply to any Aggregated Listings on the Website (i.e. those Listings where you are redirected to the Merchant’s website to pay for and/or book an Experience).

(c) In addition to these terms, any Merchant Terms that apply to the purchase of an Experience from a Listing will be set out in the Listing description.

**4. DISCLAIMERS **

(a) (Descriptions of Listings) We try our best to ensure that Listing descriptions on the Website are accurate and up-to-date, however the information provided in Listings is general in nature and the specific content or format of some Experiences may change slightly from time to time. Urban Swan will use its best endeavours to ensure the Listing substantially matches the Merchant Services provided by the Merchant however we are not responsible for minor variations in the Merchant Services.

(b) (Merchant Terms) In addition to these Terms, your participation in an Experience may be subject to the terms and conditions of a Merchant (Merchant Terms). Any Merchant Terms provided by a Merchant in relation to an Experience, are entered into as a separate and binding contractual agreement between you and the Merchant. Urban Swan is not a party to, and accepts no liability under, any Merchant Terms.

(c) (Photos) Any photos used on our Website as part of a Listing are provided as a general indication only of what the Experience entails and may not be provided directly from the Merchant themselves. Any photos are for promotional and advertising purposes only.

(d) (Duration) Any session lengths provided on a Listing are estimates only and are provided as a guide to the total time an Experience may take. We are not responsible for minor variations between the estimated and actual session start/end time and session length.

(e) (Restrictions) Some Experiences are subject to minimum age, weight or health requirements or other restrictions. Any requirements or restrictions relevant to a particular Experience will either be set out in the Listing or contained within the Merchant Terms. Please read the Listing and the Merchant Terms carefully before purchasing the Experience. It is your responsibility to read and understand any requirements and restrictions relevant to an Experience before purchasing. If you purchase an Experience and are required to cancel later due to not meeting certain requirements or restrictions, the terms of our Refund Policy will apply and you may not be entitled to a refund.

5. INTRODUCTORY SERVICE ONLY

(a) You acknowledge and agree that:

(i) the Website provides introductory services only and Urban Swan does not perform any of the Merchant Services that make up an Experience listed on our Website. The Merchant Services that make up an Experience will be performed by the Merchant themselves;

(ii) we do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Merchant who is listed on our Website;

(iii) we do not endorse or recommend any Merchant or Experience and an introduction via our Website does not imply any endorsement or recommendation of any Merchant or Experience by us; and

(iv) we do not make any guarantees or warranties about the Merchant Services.

(b) For Hosted Listings and Affiliate Listings, Urban Swan collects a service fee from the Merchant in consideration for providing this introduction service (Service Fee). The Service Fee is payable separately by the Merchant and is not passed on to you. We do not collect any fees for Aggregated Listings.

(i) act, omission or default (whether negligent or otherwise); or

(ii) loss or damage occasioned by any negligent act or omission by,

of any Merchant in providing an Experience.

6. BOOKINGS, REFUNDS, RESCHEDULING & CANCELLATIONS

(a) Subject to 9(a), at checkout you will be required to select your preferred date and time for the Experience (Booking).

(b) Your Booking is not secured until we have approved your payment and you receive an email from us confirming that your Booking is confirmed (Booking Confirmation).

(c) If you are purchasing a voucher and elect to request a time, Urban Swan cannot guarantee that these times are available. If your preferred time is not available, Urban Swan will notify you as soon as possible and offer you an alternative date and time at no additional cost.

(d) If you are required to reschedule or cancel your Booking after receiving your Booking Confirmation, you must let us know as soon as possible either through our live chat function on our Website, by email at hello@urbanswan.com or by calling +61 02 7908 5518.

(e) You may seek a refund from Urban Swan for any changes to your booking (e.g. cancellations of an Experience by the Merchant) in accordance with Urban Swan’s Refund Policy, or in accordance with any refund policy of the Merchant as set out in the Merchant Terms (if applicable). You acknowledge that additional fees may apply to any changes to your Booking. If the Merchant’s refund policy applies to an Experience, this will be set out on the Listing description for that particular Experience. In the event of any conflict between Urban Swan’s Refund Policy and any refund policy of the Merchant, Urban Swan’s Refund Policy will override to the extent of that inconsistency. While Urban Swan uses its best endeavours to ensure that availability for an Experience on a Listing is accurate and up-to-date, available dates and times are guidelines only and are subject to change.

(e) In some circumstances we may be required to reschedule your Booking if your selected date and time is not available. If this occurs, Urban Swan will notify you as soon as possible and offer you an alternative date and time at no additional cost. If the alternative date and time does not suit you, we will provide you with a full refund.

(f) An Experience may be cancelled by the Merchant due a number of unforeseeable circumstances, including weather, and this is beyond Urban Swan’s control. If a Merchant cancels an Experience for any reason, you will be offered to reschedule your Booking to an alternative date and time up to the value of your original Booking. If the alternative date and time does not suit you or the Merchant is unable to reschedule your Booking, we will provide you with a full refund.

(g) To the maximum extent permitted by law, Urban Swan will not be liable for any travelling, accommodation or other expenses incurred by you or a Participant in the event of your Booking being rescheduled or cancelled.

(h) notwithstanding anything else in these Terms, the Website, or the Refund Policy, the maximum amount of any Gift Voucher or Website credit is limited to $4,999. We will not process any purchase for a Gift Voucher for more than $4,999, or process any request for Website credit if this will result in you accumulating more than $4,999 in Website credit.

**
7. ON THE DAY OF YOUR BOOKING**

(a) You are responsible for ensuring that you and all Participants arrive at the location of your Booking on time. You acknowledge that late arrival may not be able to be accommodated by the Merchant and may result in your inability to enter or attend the Experience.

(b) While we understand you want to enjoy the occasion, please act responsibly and respectfully. We are not responsible for any issue, loss, injury or refusal of entry caused (even if indirectly caused) by any Attendee’s intoxication, inebriation or irresponsible or disrespectful behaviour. Our Merchants are responsible for complying with Responsible Service of Alcohol requirements and you will not be entitled to any refund if an RSA restriction is imposed on you or any Participant.

(c) You must ensure, and must ensure that all Participants, at all times follow the (reasonable and lawful) instructions of the Merchant.

(d) If you or any Participants post photos of videos on social media of the Experience, we ask that you please use our hashtag #urbanswan and/or tag us @urban.swan.
**
8. PAYMENT**

(a) All prices on our Website are:

(i) in Australian Dollars; and

(ii) subject to change prior to you purchasing an Experience without notice.

(b) Urban Swan reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(c) Urban Swan may use third-party payment Merchants (Payment Merchants) to collect payments for Experiences on the Website. The processing of payments by the Payment Merchant will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Merchant and Urban Swan are not liable for the security or performance of the Payment Merchant. As at the date these terms were last updated, Urban Swan’s Payment Merchants are Stripe and Afterpay and their terms and conditions can be accessed here: Stripe and Afterpay.

(d) In the event that we discover an error or inaccuracy in the price at which your Experience was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Experience at the correct price, or cancelling your Experience. If you choose to cancel and payment has already been debited, the full amount will be credited back to your original method of payment.

(e) For an Affiliate Listing or Hosted Listing, you must not make payment to a Merchant, or request or entice a Merchant to accept payment, outside our Website or our Affiliate Partner’s platform, as applicable.

9. INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

10. PRIVACY

You agree to be bound by our Privacy Policy

**11. INTELLECTUAL PROPERTY **

(a) We retain ownership of, and reserve all rights in, any Intellectual Property Rights owned or licenced by us for all materials (whether owned or licenced by us) developed and/or provided in connection with the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content).

(b) You may make a temporary electronic copy of all or part of the Website Content for the sole purpose of viewing and using the Website. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website Content.

12. THIRD PARTY CONTENT

The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

13. LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

14. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website. You should take your own precautions to ensure that the process you employ to access the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

**15. YOUR OBLIGATIONS
**
You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Urban Swan, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

16. COMPLAINTS

(a) Participant satisfaction is important to Urban Swan. However, ultimately enjoyment of the Experience is beyond our control and in the hands of the Merchants.

(b) If you are not satisfied with the Merchant Services or any part of your Experience, please advise us in writing at hello@urbanswan.com or complete this form.

(c) Complaints must be submitted to Urban Swan in writing with full details of the nature of the complaint. You may be asked to provide additional information about your complaint, which you will need to provide in a timely manner. Urban Swan will make a preliminary determination on whether the complaint has merit.

(d) If Urban Swan does not consider your complaint to have merit, we will not direct your complaint to the Merchant and will notify you of this decision. Our decision in this respect will be final.

(e) If Urban Swan does consider your complaint to have merit, we will submit your complaint to the Merchant and encourage them to consider an appropriate remedy (with regard to the Australian Consumer Law). If the Merchant makes an offer for a remedy, we will put that offer to you and you will need to either accept or reject that offer in a timely manner.

(f) If, through Urban Swan, the Merchant and the Customer cannot agree to an appropriate remedy within 10 Business Days of the complaint being provided to the Merchant, the Merchant and the Customer will attend mediation in good faith until the dispute can be resolved (with the costs to be split equally between each party). Urban Swan will only attend the mediation to the extent required by the mediator.

17. LIABILITY

17.1 LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Urban Swan limits all liability in aggregate of all claims to you for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Urban Swan to:

(a) if the liability relates to an Experience purchased on the Website, the amount paid for the relevant Experience; or

(b) if the liability does not relate to an Experience purchased on the Website, then to $100.

17.2 INDEMNITY

You agree at all times to indemnify and hold us harmless and our officers, employees, agents and contractors (Those Indemnified) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of Those Indemnified where such loss or liability was caused or contributed to by your or your officers’, employees’, agents’ or contractors’:

(a) breach of any clause of these Terms;

(b) participation in any Merchant Services;

(d) negligent, fraudulent or criminal act or omission.

17.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, under no circumstances will Urban Swan be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by Urban Swan (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

18. GENERAL

18.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

18.2 WAIVER

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3 SEVERANCE

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

18.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

18.6 COSTS

Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

18.7 ENTIRE AGREEMENT

These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement

18.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $, or "dollar", is to Australian currency;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.