The Emerson Club
THE EMERSON ON WHEELS TERMS AND CONDITIONS
Liquor Licence – Victorian Sales Only
In Victoria, your contract of sale is with The Emerson, Liquor Licence number 31908625 as the liquor is sold from our website by the holder of that Liquor Licence. Accordingly, the sale of liquor pursuant to an offer to purchase from this website is made at the licensed premises attached to the applicable Liquor Licence.
Your offer to purchase is subject to acceptance of your offer by the holder of the relevant Liquor Licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the above-mentioned licensed premises.
Responsible Service of Alcohol
The Emerson takes the responsible service of alcohol very seriously. If you, the customer, look under 25 and are unable to present valid photo identification, your order will be cancelled. If anyone present at the premises at the time of delivery looks under 25 and is not able to present valid photo identification, your order will be cancelled. If you, the customer, show signs of intoxication either when placing your order or at the time of delivery, your order will be cancelled. Alcohol cannot be left unattended for any reason at any time. We reserve the right to refuse service at our sole discretion, this may be because of our concern for a customer’s welfare and our commitment to responsible service in the community.
If your order has been cancelled because you cannot present valid photo identification or you are intoxicated, your order will not be refunded. If your order has been cancelled because you were unable to accept delivery because of an incorrect address or phone number, your order will be no be refunded.
The materials (including all software) and services at this site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The Emersons’ obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
The Emerson further does not warrant the accuracy and completeness of the materials, information or services at this Site.
The Emerson may make changes to the materials and services on this Site, or to the products and services described in them, at any time without notice. The materials and services on this Site may be out of date, and The Emerson makes no commitment to update the materials and services on this Site.
Information published on this Site may refer to products, programs or services that are not available in your area or country.
The Site is provided by The Emerson in good faith but The Emerson does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.
The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
To the extent permitted by law, The Emerson hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Melbourne Service – 10km of postcode 3141
Our hours are:
Monday – Sunday:
10:00am – 10:00pm (last orders at 10:00pm)
1) All prices are in Australian Dollars
2) Delivery Policy:
a. Orders will be delivered same day if ordered before 10.00pm
b. Our customer service staff are available to update you on your delivery from 10.00am-10.00pm Monday to Sunday
c. Due to licensing regulations we are unable to leave orders on your doorstep or at any other address other than the customer listed on the order
d. Customers must be able to present valid photo identification to receive their order.
3) Returns & Refunds:
a. The Emerson does not offer any returns or refunds on purchases.
b. If you are unhappy with your purchase, please contact The Emerson via email
MEMBERSHIP TERMS AND CONDITIONS
General terms and conditions
- These terms and conditions (as varied from time to time as provided for herein) set out the terms and conditions of membership with “The Emerson Club”, being the business and trading name of One 4 Five Pty Ltd (ABN 62149599851) of 143-145 Commercial Rd South Yarra, VIC, 3141, telephone (03) 9825 0900 (“Promoter”).
2. Membership entails entry into the scheme of membership described in these terms and conditions only. It does not confer on the member any interest or entitlement, whether proprietary or otherwise, in or to the business or operating entity of The Emerson Club.
3. Membership is at the discretion of The Emerson Club, which reserves the right to cancel any membership at any time with or without cause and with or without notice. The Emerson Club reserves the right to reject any application for membership for any reason whatsoever. Applications for membership must be performed in the manner prescribed by the Emerson Club.
4. Membership of The Emerson Club is personal and is only available to persons over the age of 18. The membership and benefits cannot be used by anyone apart from the individual members. Only one membership per person.
5. Notwithstanding the aforesaid, upon the death of a member the legal personal representative of that member may apply to The Emerson Club to request that such membership be assigned to a member of the immediate family of that member. The Emerson Club will reasonably consider any such request.
6. Unless cancelled or terminated earlier, membership shall be for a term of 12 months from the date of application. Membership shall automatically be renewed for a further period of 12 months upon the expiry of the initial term, or any further term (as the case may be) unless cancelled by the member prior to the date of renewal. Upon renewal a renewal fee may be payable.
8. Members have the right to inspect or correct their own personal information. Members can withdraw consent for allowing The Emerson Club to register and process their personal information. Withdrawal of consent will be treated as termination of membership with The Emerson Club.
9. The Emerson Club reserves the right, at any time, to verify the identity of members or applicants for membership (including an entrant’s age and place of residence) and reserves the right, in its sole discretion, to terminate without refund the membership of and/or disqualify any individual from membership who The Emerson Club has reason to believe has breached any of these terms and conditions, tampered with the entry process or engaged in any misconduct in connection with their membership. The Emerson Club must collect your Date of Birth and GEO Location when signing up for The Emerson Club App. Date of Birth is required, The Emerson Club is a licensed over 18s venue, The Emerson Club App’s content is strictly 18 plus, The Emerson Club requires Identification when verifying Members via phone, The Emerson Club requires all members to be 18 plus as they are offered Birthday related prizes and promotions. GEO location is required: To determine when Members are at The Emerson Club, To render specific content when members are at The Emerson Club, To offer prizes and promotions to members at The Emerson Club, and during arrival timeframes, To offer promotions to members in the vicinity of the The Emerson Club
10. A membership card will be issued as proof of membership. If enrolment is done through the internet, a membership card will only be issued to residents of Australia. In order to register rewards points and to receive personal benefits, members are personally responsible for presenting their membership card or their electronic device (such as an iPhone) on which the App is downloaded or installed. The membership card must be signed by the cardholder. Replacement cards for lost or destroyed membership cards may be provided upon provision of satisfactory proof that the card has been lost or destroyed, at a cost of $30.
11. In the event of misconduct with respect to a membership card or rewards program, without limiting its rights hereunder The Emerson Club reserves the right to exclude the member(s) in question from any program.
12. The Emerson Club reserves the right to wind up its membership scheme with a one-month notice period to members. Any such notice will be sent by e-mail, or there will be a notice on the The Emerson Club website or App. The Emerson Club will not be responsible for any losses to the individual member which may ensue from this winding-up
13. Members can cancel their membership of The Emerson Club at any time. Cancellation must be in writing and sent to The Emerson Club. Cancellation will take immediate effect from the date on which The Emerson Club receives notice of cancellation. Cancellation of membership, on any ground, means that you can no longer use earned bonus points. No refund shall be payable in the event of cancellation of membership for any reason.
14. The Emerson Club reserves the right to unilaterally change the membership terms and conditions without giving further notice to the individual member. Such changes will, unless otherwise stated, take immediate effect. The Emerson Club will publish changes to the terms and conditions on its website or App. However, members are responsible for keeping themselves updated in relation to any changes to the terms and conditions. The membership terms and conditions published on the website or App are to be considered the applicable membership terms and conditions for The Emerson Club.
15. Employees (and their immediate families) of The Emerson Club are ineligible for membership.
16. In these terms and conditions:
(a) “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin;
(b) “misconduct” means unlawful or other improper conduct, behaviour which is troublesome or shows a lack of respect towards the staff, partners or venues, criminal actions or actions which are generally perceived to be immoral, unethical or contrary to these membership terms and conditions.
- Membership are divided into tiers. At the time of publication of these terms and conditions, such tiers are “Bronze”, “Silver”, “Gold” and “Sundays – Copper”. The Emerson Club may introduce or remove tiers at any time at their discretion. If a tier is removed, then all members on that tier at the time of removal shall be transferred to another tier that is not worse off for members than the removed tier, or continue those members in the removed tier until the end of the then current term of their membership, at the election of The Emerson Club.
18. The membership cost of entry into each tier shall be set by The Emerson Club at its discretion and may be altered from time to time as The Emerson Club determines. Any such alteration shall apply with respect to a member from the next date of renewal of that member’s membership.
19. Members may upgrade to a higher tier upon request. An additional fee may be payable for such upgrade. Members may not downgrade to a lower tier other than at the time of renewal of a membership in accordance with these terms and conditions.
20. The Emerson Club shall determine from time to time the membership benefits conferred on members in each tier. The Emerson Club reserves the right to introduce new benefits or withdraw benefits as it considers fit.
21. Details of each membership tier, including the cost of entry and the applicable benfits, shall be disclosed on The Emerson Club’s electronic device (such as an iPhone) application (App) or its website, or in such other manner as The Emerson Club decides.
Rewards Points and Redemption of Rewards
- Members may receive rewards points for acquiring products or services from The Emerson Club. Rewards points shall be allocated by reference to the total dollar spend on products or services. The Emerson Club reserves the right to set and alter from time to time at its discretion the number of rewards points allocated for each dollar spent.
23. Allocation of rewards points is performed electronically, by presenting the member’s membership card or electronic device (such as an iPhone) on which the App has been downloaded and installed for scanning at the point of sale. Rewards points will not be allocated in any other way. Failure to present a membership device or electronic device at the point of sale will disentitle the member to receive an allocation of points for the particular purchase.
24. Rewards points earned and membership numbers are personal and cannot be transferred to another members’ bonus accounts or redeemed for cash.
25. Members’ rewards points balance will be available through the App or by request in writing to The Emerson Club. The Emerson Club does not warrant that any rewards points balance stated or provided to a member is complete, correct or up to date as such balance may be affected by the allocation of additional points or the redemption of rewards between the time at which the balance information is requested and the time at which it is made available.
26. In the event of any misuse, misconduct or breach of these terms and conditions by a member, The Emerson Club may at its discretion (and without limiting its rights generally) cancel some or all rewards points allocated to that member.
27. Rewards points are valid for three years (36 months) from the month in which they were earned, subject to the member maintaining their membership throughout such period. If a member’s membership is terminated, cancelled or expires then all rewards points then accrued shall be automatically invalid. After this time the rewards points will automatically become invalid and cannot be used subsequently. On redemption of rewards points, the oldest, valid rewards points will be redeemed first.
28. To redeem rewards points, members must have sufficient valid rewards points in their rewards points account. Rewards available to members and the number of reward points required to be redeemed to receive that reward shall be advertised through the App or such other means determined by The Emerson Club from time to time, or can be advised upon request.
29. The Emerson Club does not warrant that any particular reward shall be available for redemption and reserves the right to withdraw or substitute for a suitable replacement any reward. If any reward is withdrawn after being selected by a member, then that member’s rewards points shall be restored to their account. The Emerson Club reserves the right to increase or decrease the number of rewards points required to be redeemed for any particular reward.
30. Rewards are taken by members at their own risk. If rewards are supplied by third party suppliers, then to the maximum extent permitted by law The Emerson Club is not responsible for and members release The Emerson Club from any liability with respect to the performance, fitness for purpose, quality, function or any other similar matter of any reward supplied by such third party supplier, or for any failure on behalf of such third party supplier to supply such reward.
Your preloaded credit can be redeemed on selected beverages and food at The Emerson. Beverages will be limited to our Beverage Partners, and will change seasonally. You also may use your credit on food purchased from the A la carte menu. Your credit may also be used on booth bookings and bottle service, on any level at The Emerson. Your credit can not be used on functions, function food or function beverages.
Your discount entitlement cannot be used in conjunction with your credit. Once you have exhausted your allocated credit, your purchase of selected partnered alcohol/non-alcoholic drinks will automatically have discount applied. Discount cannot be used in conjunction with any other promotion, for example, Friday after-work drinks, cocktail specials, happy hours etc.
Food discount only applies to food purchased from the A la carte menu. Food discount does not apply to functions and function food.
Booth discount applies to all Ultra Members on any booth booked at The Emerson, on any level – Club, VIP or Rooftop. Discount will apply to the minimum spend when booking the booth. For example, if you book a booth with a $2,000 minimum spend you’ll only need to pre-pay $1,800, and still get $2,000 worth of food and/or beverages. Drink and food discounts will still apply to the total bill. There may be blackout periods throughout the year where booths may not be available, please check the Membership App, website, or contact The Emerson Office for dates.
Entry to The Emerson
All members will get priority and free entry to The Emerson, dependent on your Membership Level. You will be required to show your valid membership upon entry, either via the Membership App or membership card. There may be times when The Emerson is closed to the public for private functions. The Emerson reserves the right to refuse entry if the member does not meet the requirements of entry.
Guest Entry to The Emerson
For Premium and Ultra Members, you may also get priority and/or free access to The Emerson for a guest, and/or number of guests. Guests must be with you upon entry, when you show your valid membership. Alternatively, you may create a guest list via the Membership App which your guests will be sent a notification and valid unique barcode to show upon entry. Barcodes can only be used once. The Emerson reserves the right to refuse entry if the guest does not meet entry requirements.
Guest List Discount
All members can create guest lists via your Membership App. Guests will receive a notification of your invitation. Guests of Premium and Ultra members will receive a $5 discount on entry with a valid barcode. Barcodes are unique and can only be redeemed once.
VIP Cocktail Bar and Lounge ‘The VIP Bar’
All Ultra Members will have guaranteed access for themselves and 3 guests to the members only VIP Bar located on Level 1 at The Emerson. You must show your valid membership on arrival to The Emerson to gain access. There may be times when The VIP Bar is closed for private functions. When and if this happens, all members will be notified in advance. The Emerson reserves the right to refuse entry if the member or guest does not meet entry requirements.
All Premium Members will have access to the VIP Bar for themselves and 1 guest, however, bookings must be made in advance. To book, please submit an enquiry via the Membership App or alternatively please contact The Emerson Office directly. The Emerson reserves the right to refuse entry if the member does not meet the requirements of entry.
Private Car Pickup
All car pickups must be organised in advance by completing the Car Pickup Request on the Membership App or by calling The Emerson Office directly. The Emerson Office will then be in contact with you directly to organise your chauffer. All pickups must be requested before 7pm on the day of the required pick up. Chauffeured pickups will only be taken to The Emerson, 141-145 Commercial Road, South Yarra. Pickups are dependent on availability, location and are only available for groups up to 12.
Member Only Events
All members are invited to exclusive member only events. If you are unable to attend these events, you will not be reimbursed. Some events may have a ticket cost associated. You may use your membership credit or points to pay for this. If you don’t have enough credit or points, you’re able to split payment and pay the difference. Book your tickets through the Membership App in advance to confirm attendance.
Premium and Ultra Members will also receive invitations to four personal development events over the course of 12 months. These personal development events are free of charge, however, spaces are limited and must be booked via the Membership App.
The Emerson Events
Premium and Ultra Members will receive discounts to public events held at The Emerson. Discounts will vary for each event, and must be booked via the Membership App to deduct discount. Ultra Members will also have access to pre-sale tickets via the Membership App and will be advised when these are available via notifications through the app.
As a Premium or Ultra Member, you will receive a $100 birthday voucher to use on the closest weekend of your birthday at The Emerson, valid before 9pm. Vouchers can be redeemed on selected beverages and food at The Emerson. Drink and food discounts do not apply. Vouchers can only be redeemed by you, with your valid membership.
Birthday Extras for Ultra Members
As an Ultra Member, you’ll also receive one night’s accommodation, for a maximum of 2 people, during the closest weekend of your birthday at The Cullen, 164 Commercial Rd, Prahran, VIC, 3181. To book your accommodation, you must contact The Emerson Office. Bookings are subject to availability, please request your bookings as far in advance as possible. There may be blackout periods, at which point The Emerson will endeavour to allocate another suitable date.
You’ll also receive dinner on us, for you and a guest, on the weekend closest to your birthday with one of our partner restaurants. To book your dinner, you must contact The Emerson Office. Bookings are subject to availability, please request your bookings as far in advance as possible.