Membership Agreement

You must read, agree and accept all of the terms and conditions expressly set out below and those incorporated by reference before You may become a Member. We reserve the right to amend these terms and conditions at any time by giving You Notice ("Notice") by posting the amended terms and conditions on the Site. Any amended terms and conditions will govern new memberships after the expiry of 30 days following the date of the Notice.

"We", "Ourselves", "Our"- means GUSTO and Trend Ventures Coop Ltd. "Site", "Website" - means www.gusto.com.mt

"Booklet" means the GUSTO printed guide

"Holder", "Member", “You”, “Your” means the holder of a valid GUSTO membership, booklet and/or card

"Children" means diners aged under 10 years or diners who order from kids’ menu

In this Agreement, unless the context otherwise requires:

Words importing the masculine gender shall include the feminine gender; and

Words in the singular shall include the plural and words in the plural shall include the singular; and

The headings and sub-headings of this Agreement are inserted only for reference to the provisions herein contained and shall not affect the construction of such provisions.

• The GUSTO Scheme, the printed restaurant guide and membership cards are the exclusive property and ownership of Trend Ventures Coop Ltd.

• All GUSTO discounts and/or offers may only be obtained by using a valid membership booklet or card, the expiry date of which will vary and thus will always be checked at each restaurant. To avoid embarrassment please do not attempt to use expired cards. Our card is strictly non-transferable and can only be used by named members and dining partner/s. A valid form of identification (ID) might be requested at the discretion of the restaurant management. Attempted misuse will result in confiscation.

• The One Time Discount is redeemable only once at the same restaurant and the presentation of a valid GUSTO booklet is required. The One Time offer is valid only for the holder and 1 guest and the discount is on the food bill only. Unless stated otherwise in the website, any beverages consumed are to be paid in full.

• In the case where the Holder and 1 guest are dining with other adult diners who are not GUSTO members, the cheapest 2 items from each course consumed by the party will be discounted by 50% e.g. cheapest 2 starters, 2 mains and 2 deserts* (* if dessert is included in the specific restaurant’s available discounts). In case the diners accompanying the holder and guest are children, the discount is still calculated on the price of the adults’ food bill and the children’s order is paid in full.

• The Unlimited Offers vary from one restaurant to another and can be a discount on the food bill, on the entire bill or any other offer. Kindly consult the Website for details on specific restaurants’ discounts and/or exclusions.

• The GUSTO discounts do not apply on Public Holidays and special occasions such as Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day, Easter, Valentine’s Day, Mothers’ Day and Father’s Day.

• GUSTO discounts do not apply during special location-specific events when it is very likely that restaurants in that particular location are packed. Such events may include (not limited to) Carnival or Notte Bianca in Valletta, Birgu Fest in Vittoriosa etc. Therefore, if there’s a big crowd-pulling event being held in a specific location on a particular day, We recommend that You call the restaurant before and ask whether you’ll be able to claim your GUSTO discount or not.

• GUSTO discounts apply on the standard prices on the restaurants’ menus. GUSTO discounts cannot be taken in conjunction with any other special offers that restaurants may offer from time to time. These can include specially discounted set-menus or dishes which restaurants may offer as in-house promotions.

• Restaurants with limited seating capacity may, after agreement with GUSTO, set a maximum quota for GUSTO memberships accepted during a specific dining session.

• Once a booklets/ card is expired, Holder will not be able to claim further discounts unless it is renewed and a new booklet/card is sent to him/her.

• GUSTO is essentially an online product. The GUSTO booklet is to be considered just an ancillary tool for members to claim their discounts. While it is Our intention to keep changes to a minimum, the most updated information on the listed restaurants and discounts offered is that available on the site. Therefore, it is imperative that you refer to the Website before using your booklet/card at a restaurant before dining out at a partner restaurant. Members are expected to be aware of any restrictions or limitations that might apply before going to dine at their restaurant of choice.

• To claim your discount, the GUSTO booklet and/or card should be presented before or when you request the bill not after it has been issued. Presenting the booklet after the bill has been issued would forfeit Member’s right for the discount.

• We will use all reasonable endeavours to update the website to show the current particulars of participating restaurants and the terms of their availability for participation in the scheme. Participating restaurants may, however, be entitled to withdraw from the scheme or to change the terms and conditions of their availability after you have become a member and we shall have no responsibility for any such withdrawals by participating restaurants or any such changes in their terms and conditions or availability. It shall be the Member’s sole and exclusive responsibility to keep him adjourned on participating restaurants’ information.

• The information contained in the material in our website and booklet is only for information purposes. We do not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Site or the reliability of the access to this Site. Neither Ourselves nor any of Our directors, officers, agents, employees or other representatives will be liable for damages arising out of or in connection with the use of our Site or our services. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

• In no event do We accept liability of any description, including liability for negligence for any damages or losses including, without limitation, loss of business, revenue, profits, or consequential loss whatsoever resulting from use of or inability to use our website. We do not provide any warranty that the website or Sites which are linked to our Site are free from computer viruses or any other malicious or impairing computer program. The pages contained in the Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept any responsibility for keeping the information in these pages up to date or liability for any failure to do so.

• Third party goods and services - We do not vouch for those persons, companies and other organisations whose goods or services may be accessed or displayed through or on the Site or Booklet. We take no responsibility for bad experiences or bad food at any of the restaurants. We do not have and never intend to have any contractual involvement in your bookings or other dealings with the restaurants on our site. We shall not be held liable, in any manner whatsoever, in the event of any problems whatsoever arising in your relationship with any of the participating restaurants and/or your dining experience at any of the participating restaurants. We shall not be involved in any dispute whatsoever arising between you and any participating restaurant.

• All members are entitled to participate in our Social Marketing Program on condition that you read the Terms and Conditions of the Social Marketing Programme Agreement accessible inside the Member’s Area on the Website and checking the applicable box to confirm your agreement and acceptance. If you do not agree to accept and abide by this Agreement, you should not participate in the Program and you will not be paid for referrals.

• Failure to enforce or non-reliance on any of these Terms and Conditions by Ourselves on a particular occasion or occasions will not prevent Us from subsequently relying on or enforcing them.

• Should a Member be in breach of any of these Terms and Conditions or found guilty of misuse of whatever nature, We have the right to revoke membership and confiscate the membership booklet and/or card with immediate effect with no right to re-imbursement and/or any compensation whatsoever.

• Member accepts that he shall be solely and exclusively responsible for the safe-keeping of the card and/or the booklet and thus any loss whatsoever, including misplacement thereof, shall have to be borne by himself who shall, under no circumstance be entitled to request that a new membership card and/or new booklet be issued and given to him by GUSTO.

• These Terms and Conditions, and any agreement entered into in connection with the same, will be governed by and construed in accordance with Maltese law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Malta.