Sydney's one-stop shop for date night

1. Introduction

1.1 The Urban Swan Pty Ltd  (ACN: 645 526 512) (“Urban Swan”) operates a search and discovery platform in the form of a website that promotes date experiences. This can be accessed at www.urbanswan.com.au (Website). Urban Swan also offers a direct-to-mobile concierge service for Users. This is an on-demand subscription service for all dating related matters including date night reservations, exclusive offerings, last minute availability and weekly inspiration for date ideas. This can be accessed via  https://www.premiumswan.com.au/ (Concierge). 1.2 These Terms and Conditions (Terms and Conditions) apply to every person who uses our information, documents, concierge and any other products and/or services that we provide, together referred to as Services. By using our Services, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, "Us", "Our" and "We" refers to The Urban Swan Pty Ltd and "You" and "Your" refers to you, the client, visitor, website user or person using our Services. 1.3 Urban Swan provides the Website and associated Services only and is not a paid advertiser, promoter or supplier of any experiences appearing on the Website. No agency, partnership, joint venture, employee-employer or other similar or fiduciary relationship is created or exists between Urban Swan and any User (whether as a Merchant or User). 1.4 In using our Website and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with these Terms and Conditions. You must be over 18 years of age to use this Website and to purchase any of our Services. If you do not agree to these Terms and Conditions, do not use our Website and/or Services. For that reason these Terms are important and you should ensure that you read them carefully. For any questions regarding use of the Website or Services please contact at info@urbanswan.com.au.

2. Choice of Law and Use of the Website

These Terms and Conditions of Use are governed by the laws of the State of NSW, Australia. Urban Swan has designed the Website and Concierge for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website or Concierge outside the Commonwealth of Australia. The Services are only available to people in Australia who can form legally binding contracts under applicable law.

3. Privacy

We collect, store, use and disclose personal information in accordance with our Privacy Policy. By creating an Account on either the Concierge or the Website, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.

4. Limitation of Liability

Subject to the provisions of consumer protection legislation that cannot be excluded, Urban Swan accepts no liability arising from the information on this website, concierge service or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Urban Swan will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website and/or the Concierge. Where conditions and warranties implied by law cannot be excluded, Urban Swan limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

5. Amendment of Terms

We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of  our Services, from the date of publication of the new Terms and Conditions on this Website. Please check these Terms and Conditions regularly prior to using our services to ensure you are aware of any changes. If you choose to use our services then we will regard that use as conclusive evidence of your agreement and acceptance of these Terms and Conditions.

6. Premium Concierge

6.1 Urban Swan offers a subscription plan for its premium concierge service. The cost of this service is $5 a month. 6.2 To register for an Account which will allow you to subscribe to the Premium Swan service you must: 

1. Be at least 18 years of age;
2. Provide us with your email address and phone number; 
3. Select the Premium Swan Subscription Plan;
4. Provide us with the details of your valid, current and accepted method of payment (including via credit/debit card or PayPal account as may be updated from time to time);
5. Accept the terms of this Agreement; and
6. Agree to receive news, offers and updates (in accordance with our Privacy Policy and applicable law).

6.3 As part of the concierge service you will gain access to a full suite of services. This includes on-demand date reservations, on-demand date ideas, exclusive access to our ‘Hot 5’ newsletter, organised delivery of flowers, cards and gifts and last minute booking reservations. All communication with our Expert Swan will be conducted via Whatsapp. The services and requests made must be date-related and within the scope of services offered. All unreasonable requests will be ignored and subject to review by the Expert Swan team. The operating hours for the Expert Swan’s Service are 9am-6pm. All requests will be responded to within 1 business day.  6.4 In addition to what is prohibited in this Agreement, you may not do any of the following:

• Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
• Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
• Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
• Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Urban Swan’s or any payment system.
• Share your Premium Swan account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the Concierge.

6.5 By registering your Account and providing us with the details of your Payment Method, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan. We will automatically renew your monthly subscription and charge your Payment Method the monthly Subscription Fee unless and until you cancel your Account. If you created your Account on the 29th or 30th of the month, your Payment Method will be charged the monthly Subscription Fee on the anniversary of such date in each month except for February, where your Payment Method will be charged the monthly Subscription Fee on the last day of the month. If you created your Account on the 31st of the month, your Payment Method will be charged the monthly Subscription Fee on the last day of each month. 6.6 You may cancel your Subscription Plan at any time by sending an email to info@urbanswan.com.au with a subject heading “Cancel my subscription”. If you cancel your Subscription Plan after you have paid any Pro-Rata Charge you will still be able to access your Subscription Plan (as relevant) until the end of the current billing cycle. If you cancel your Account, you may reactivate your Account at any time by visiting premiumswan.com.au 6.7 We reserve the right to adjust the pricing of the Concierge Service at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Premium Swan website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees. 6.8 We may suspend or terminate your Account, or ability to access or use the Services at any time for any or no reason, including for violating these Terms.

7. Intellectual Property

You understand and agree that all material, information and data (such as data files, written text, computer software, design, layout, look, appearance, trademarks graphics, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Website Content), Concierge or Newsletter comprises the intellectual property of Urban Swan or any relevant third parties from whom Urban Swan may license that Website Content.Urban Swan expressly reserves all copyright and trademark in all documents, information and materials on our Website, Concierge, Services and Newsletter and we reserve the right to take action against you if you breach any of these terms. You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website, Concierge or Newsletter Content (either in whole or in part) unless you have been specifically told that you may do so by Urban Swan or by the owners of that Website Content, in a separate agreement. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website. You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.

8. Registration

In order to access certain areas of the Website, you will need to create an account. You must be at least 18 years of age, and provide your details in accordance with the instructions on the Website. Upon acceptance of your registration by Urban Swan, you will be issued a username and password in order to use the Website. Urban Swan may refuse to register any person as a subscriber without giving a reason for such refusal. You are responsible for ensuring that all information provided to Urban Swan is accurate and up to date, and you must update your information as necessary in order to keep it accurate. Urban Swan may suspend or terminate your account if you have breached these Terms and Conditions of Use multiple times, or if (in our absolute discretion) you commit a very serious breach. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the relevant parts of the Website. Accordingly, you agree that you will be solely responsible to Urban Swan for all activities that occur under your username or other account details. If you become aware of any unauthorised use of your password or of your account, you agree to notify Urban Swan immediately at info@urbanswan.com.au.

9. Disclaimer

The content of this website and the information you receive from the Concierge is general and is provided for information purposes only. The materials accessed via our services should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Urban Swan does not give any express or implied warranties and makes no representations in relation to this Website or Concierge Service. In particular, while reasonable care is taken in its preparation, Urban Swan does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. This includes ratings under the ‘Swan Score’. Information on this website, such as the Swan Score, should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so yourself. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided. In addition, to the fullest extent permitted by law, Urban Swan does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Urban Swan accepts no liability arising from your access to this website.

10. Links To Other Websites

Urban Swan, on its Website, provides links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Urban Swan and the owners of those websites. Urban Swan takes no responsibility for any of the content found on the linked websites.

11. Third Parties

Urban Swan does not and will not sell or deal in personal or customer information. We may, however, use non identifiable information without any reference to your name or your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, the third party may use the information that you provide to improve our services but not for any other use.

12. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Urban Swan. Competitors are not permitted to use or access any information or content on our Website. If you breach this provision, Urban Swan will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

13. Severability

If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.

14. Entire Agreement

These Terms and Conditions make up the entire agreement between you and Urban Swan and supersede any prior agreement, understanding or arrangement between you and Urban Swan whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth, or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

The Urban Swan Pty Ltd  (ACN: 645 526 512) (“Urban Swan”) provides users with:

1. the www.urbanswan.com.au website (“Website”); 
2. the www.premiumswan.com.au website (“Concierge Service”); and
3. any of Urban Swan’s services made available on the Website (together, the “Services”).

In order to effectively optimise use of the Services, Urban Swan needs to collect personal information from each user, and process that personal information. The purpose of this Privacy Policy is to inform you about how Urban Swan processes information about you. This Privacy Policy applies to the Services provided by Urban Swan or its subsidiaries or affiliated companies via the Website or Concierge Service. From time to time Urban Swan may also post product or service specific privacy notices or documentation to explain in more detail how Urban Swan handles information related to privacy. Urban Swan is committed to properly managing, protecting and processing your Personal Data in accordance with the Privacy Act 1998 (Cth), which applies to all Personal Data we collect through our Platforms or other channels. By (1) clicking “Yes” on our Privacy Policy pop-up or any web form referring to this Privacy Policy on any of our online Platforms, (2) browsing our Website, or (3) booking any date experiences, you are agreeing to the terms of this Privacy Policy. If you do not agree with this Privacy Policy, please do not continue to use the Website. If you have any questions about this Privacy Policy, you may contact Urban Swan at info@urbanswan.com.au. What are the types of information we collect:  We only collect personal information that is reasonably necessary for one or more of our functions or activities. The types of personal information that we collect and hold about you could include:

• names;
• addresses;
• telephone numbers;
• email addresses;
• dates of birth; 
• transaction history; and
• other information we think is necessary.

Personal Data may also include network and device data such as IP address and device or advertising identifiers and information we obtain using cookies or other tracking technologies. We may also collect information about you from third-party sources and platforms (including data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies) to supplement the information we collect directly from you. If you provide us with Personal Data relating to a third-party, you represent to us that you have obtained the consent of the third-party to provide us with their Personal Data for the respective purposes.   How we collect your personal information:  Personal information can be collected when you: 

• Register your details on our website via creating an Urban Swan Account;
• Register your details by signing up to our premium concierge service;
• Browse our experiences or otherwise interact with our Website;
• Subscribe to the Urban Swan newsletter;
• Enter or interact with us during promotions, competitions or special events;
• Accept our cookies and other tracking technologies on your device;
• Interact with our customer service team or other representatives, for example, via our chat, emails, telephone calls, or messages
• Interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media; and
• Participate in surveys and other types of research.

How your information is used

• Information you provide – When you register for the Website, or speak to the concierge you may be required to provide personal information. This includes information about your dating preferences. Urban Swan may utilise the information you submit under your account in order to provide you with a better experience and to improve the quality of Urban Swan’s Services and/or if required to disclose this information to satisfy any applicable law, legal requirement, police investigation or request from a Government authority. At its sole discretion, Urban Swan may share your personal information with third parties who provide services which are complementary to the Services provided by Urban Swan.
• Payment Information – You may be required to provide additional personal information (including proof of identification documents) to Urban Swan’s third party payment applications such as Stripe and Paypal. Urban Swan does not store payment details directly and you expressly acknowledge and agree that Urban Swan is not liable for any loss of personal information resulting from a breach of security of the Stripe and Paypal platforms.
• Cookies – When you use the Services, Urban Swan may send one or more cookies to your computer or device. Urban Swan may use cookies to improve the quality of Urban Swan’s Services, including for storing user preferences, improving search results, and tracking user trends.
• Log information – When you access the Services, Urban Swan’s servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, IP address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser or your account.
• Communications – When you send an email or other communications to Urban Swan, Urban Swan may retain those communications in order to process your inquiries, respond to your requests and improve Urban Swan’s Services. Urban Swan may use your email address to communicate with you about Urban Swan’s services. Urban Swan may send email or other communications to any person whose email address or contact details have been provided to Urban Swan by a former or current user of the Website. Urban Swan may send you marketing communications in relation to sales, products, services, promotions or the Platforms; If you do not wish to receive these emails or other communications, you must contact Urban Swan at info@urbanswan.com.au.
• Third Party Applications – Urban Swan may make available third party applications, such as gadgets or extensions, during the provision of the Services. The information collected by Urban Swan when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by their own privacy policies.
• Other sites – This Privacy Policy applies to the Services only. Urban Swan does not exercise control over the sites displayed as search results, sites that include Urban Swan applications, products or services, or links from within Urban Swan’s Website to other sites. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

In addition to the above, Urban Swan may use the information Urban Swan collects to:

1. Provide, maintain, protect, and improve Urban Swan’s Services (including advertising services) and develop new Services; and
2. Protect the rights or property of Urban Swan or its users.

If Urban Swan uses this information in a manner different than the purpose for which it was collected, then Urban Swan will ask for your consent prior to such use. Urban Swan processes personal information on its servers in New South Australia, and you consent to your personal information being processed and in that location. Who will your information be shared with? In relation to our use of your Personal Data for the Purposes or Additional Purposes, we may disclose your Personal Data to:

• our employees, consultants, temporary workers or other representatives;
• the Urban Swan experience providers, who supply and deliver the experiences you book through via the Website or Concierge;
• payment processors, who process your payment on the Website;
• business partners who separately maintain an account with you for loyalty or point redemption programs;
• business partners or vendors in connection with the processing of any promotion, event or service organised by us;
• our professional advisers, bankers and auditors;
• agents, contractors or service providers who provide operational services to us or who help provide our services to you, such as online cloud storage and processing, fraud detection and monitoring, marketing optimisation, information technology, telecommunications, market research, customer analysis or tracking, security or other relevant services which requires that entity’s collection, use or disclosure of your Personal Data; and
• any other party whom you authorise us to disclose your Personal Data to.

We do our best to minimise the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose.  However, we may also disclose your Personal Data for secondary purposes if the secondary purpose is related to the Purpose or Additional Purpose and you would reasonably expect us to use or disclose the information for the secondary purpose, otherwise in accordance with Applicable Laws, or with your further consent.    Urban Swan does not sell Personal Information to any individuals, companies or groups. Personal Information we collect is only used for the purposes described in this privacy policy. Personal and Sensitive Information is not disclosed to any other person except with your consent, at your direction, where we are required to by law or to any person authorised by such law (this may include the police service, or government departments or regulators within Australia in connection with law enforcement activities). How you can access your personal information  We will always give you access to your personal information unless there are certain legal reasons why we cannot do so. We do not have to provide you with access to your personal information if:

• we believe there is a threat to life or public safety;
• there is an unreasonable impact on other individuals;
• the request is frivolous;
• the information wouldn’t be ordinarily accessible because of legal proceedings;
• it would prejudice negotiations with you;
• it would be unlawful;
• it would jeopardise taking action against serious misconduct by you;
• it would be likely to harm the activities of an enforcement body (e.g. the police); or
• it would harm the confidentiality of our commercial information.

If we cannot provide your information in the way you have requested, we will tell you why in writing. If you have concerns, you can complain by sending an email to info@urbanswan.com.au. If you are worried that we have given incorrect information to others, you can ask us to tell them about the correction. We will correct this if we can or we will notify you if we are unable to change the details You can ask us to access your personal information that we hold by sending us an email to info@urbanswan.com.au. We will give you access to your information in the form you want it where it is reasonable and practical to do so. We may charge you a small fee to cover our costs when giving you access, but we will always notify you of this first and this fee will not relate to you making a request for your information, only to give you access to the information. We are required to help you ask for the information to be corrected if we cannot correct this for you. Accordingly, we may need to talk to third parties. However, the most efficient way for you to make a correction request is to send it to the organisation which you believe made the mistake. If you become aware of any errors or missing information in your Personal Information once you have access, you should contact the info@urbanswan.com.au so that it can be corrected. We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organisation is accurate, up-to-date and correct.   Urban Swan also makes reasonable efforts to destroy or de-identify personal information that is no longer needed. Disclosure overseas Urban Swan may process your Personal Data in multiple countries.  We may transfer your Personal Data to recipients possibly located outside the country where you live.  If Personal Data is so transferred, we will comply with Applicable Laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under Applicable Laws or any other laws, and (ii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the Applicable Laws.  Recipients of your Personal Data are likely to be located in Australia, New Zealand, United States of America, India, Germany, and other countries or jurisdictions depending on the nature of the services those recipients provide to us. Notifying you  When we receive personal information from you directly, we will take reasonable steps to notify you how and why we collected your information, who we may disclose it to and outline how you can access it, seek correction of it or make a complaint. Sometimes we collect your personal information from third parties. You may not be aware that we have done so. If we collect information that can be used to identify you, we will take reasonable steps to notify you of that collection. Changes to this statement Urban Swan will continue to use new technologies and improve the services and features we provide. As a result, this Privacy Policy is subject to change. If there are changes to this Privacy Policy, we will post them here or in other formats for you to view. Contacting us / complaints  You generally have the right to access personal information we hold about you subject to the restrictions provided by law. We aim to keep our information about you as accurate as possible. If you have a complaint in relation to the collection, use or and disclosure of your personal information, please contact Urban Swan at info@urbanswan.com.au, Urban Swan will review all complaints received and respond to each complainant upon due consideration (which may require further information to be provided).