Acceptance of Website Terms and Conditions
- By visiting and accessing our Website or placing an Order with us you agree to be bound by these Terms and Conditions in full, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- By accessing our Website or placing an Order, you represent that you are 18 years or older or the age of majority in the State or Territory you reside.
- These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read these Terms and Conditions carefully before accessing or using our website. You must not use our Website, or place an Order, if you do not accept these Terms and Conditions or any part of them.
PART A – Purchasing Goods
- Making Orders
- You may place an Order to purchase Goods from us by submitting the relevant form or completing the relevant function on our Website. When you place an Order, you make an offer to buy the Goods specified in your Order, and we may accept or reject an Order at our sole and absolute discretion.
- You may only make an Order if you are over the age of 18. We may require that you provide evidence of proof of age before we accept your Order.
- You represent and warrant that the information you provide when you make an Order is correct, accurate and not false or misleading in any way.
Orders you make are not accepted merely because:
- you received a notice that we acknowledged your Order;
- you received a request to confirm your identity or other details; or
- payment has been charged to your credit card.
if your Order is accepted:
- notify you by email that it is accepted; and
- dispatch the Goods (in accordance with any delivery policy); or
if your Order is rejected:
- notify you by email that it is rejected; and
- refund the Purchase Price to the credit card that you paid with.
- if your Order is accepted:
Each Order you place that we accept will be a separate binding agreement between you and us with respect to the supply of Goods specified in such Order, incorporating the terms of:
- these Terms and Conditions;
- any additional terms and conditions or we publish on our Website specifically in relation to the ordering and sale of Goods, including for example, any delivery or refund/exchange policy.
We do not guarantee the continued availability of our Goods. If we receive an Order for Goods that cannot be completed due to limited availability of stock, you irrevocably authorise us to:
- scale back the quantity of the Goods we will supply to you; and
- refund the Purchase Price for the unfilled part of the Order as soon as practicable.
- Prices may change from time to time and the price for the Goods or services that we provide will be listed on our Website.
All prices, unless otherwise stated on our Website, are quoted:
- in Australian Dollars ($AUD); and
- exclusive of GST.
- You must pay us the Purchase Price upon the placement of your Order, or as otherwise permitted by us.
- If we accept payment by credit card for a particular Order, and you pay by credit card, you warrant that your credit card details are true and correct and that you are authorised to charge the relevant credit card.
Variation or Cancellation of Orders
- You may request to vary or cancel your Order and we may accept or reject your request at our absolute discretion. We cannot vary or cancel any Order where the Goods have already been dispatched.
- We cannot consolidate your consecutive or separate Orders into one and delivery fees (as applicable) will apply to each Order.
If we accept your variation request:
- you will pay costs we incur in varying your request including administrative costs;
- we are not responsible for any delay in supplying the Goods caused by your variation request; and
- we may cease manufacture and/or supply of the Goods at our absolute discretion, until any variation request is resolved.
If we accept your cancellation request:
- you will pay any costs we incur in cancelling your request including administrative costs;
- we will refund amount equivalent to Purchase Price less the costs incurred in paragraph (a).
Accuracy of Description
You acknowledge and agree that:
- all pictures and images of Goods possibly displayed on our Website are for illustration purposes only, and the sizes and dimensions of the Goods, may differ from the pictures in real life; and
- you have read all descriptions about the Goods prior to submitting your Order.
You also acknowledge and agree that there may be technical or administrative errors in information including but not limited to the description, pricing and availability of Goods. We may correct any errors on our Website and if you placed an Order for Goods that had errors, we may at our discretion:
- inform you of the errors for you to re-submit your Order; or
- reject your Order and refund the full amount of payment you made.
- You acknowledge and agree that:
Use of Goods
- You may only use the Goods provided by us for personal use, and for the purpose and in the manner such Goods are intended, or as directed by us. You are at all times responsible for the safe, reasonable and sensible consumption of any Goods we supply to you.
You must not, unless we permit or direct otherwise:
- reproduce or copy any of the Goods or services provided to you;
- exploit any Goods we supply for commercial purpose; or
- redistribute or resupply any Goods we supply to you.
- To the extent permitted by law, we retain all Intellectual Property and Intellectual Property Rights, including any copyright, in any Goods we supply to you. You must not do anything that causes, or is likely to cause, any infringement of our Intellectual Property Rights subsisting in the Goods we supply to you.
Part B – Use of Website
- Acceptable Use of Website
We grant you a non-exclusive, non-transferable, revocable (by us), limited licence to:
- view and use information accessible from the Website; and
- purchase Goods or services from the Website.
You must not use the Website for any purpose other than permitted under clause 7.1 above, and specifically you must not:
- cause damage or interfere with accessibility to the Website;
- use the Website in connection with illegal, unlawful, fraudulent, immoral or harmful purposes or activities;
- store, transmit or distribute Malicious Computer Program or circumvent the security features of the Website, other websites or access to the internet;
- conduct any systematic or automated data collection activities; or
use the Website to:
- harass, abuse, insult, harm, defame, disparage, intimidate or discriminate against others;
- spam or phish for information from any other users of the Website; or
- encourage others to do any of the prohibited activities above.
- We grant you a non-exclusive, non-transferable, revocable (by us), limited licence to:
- We own or are licensed to use our Intellectual Property in the Website.
- You may only view and download Content on the Website for caching purposes and print a single copy of Content for personal use.
You must not:
- republish any Content from our Website;
- present any Content in public;
- reproduce or exploit any Content on this Website for commercial purpose;
- edit or otherwise modify any Content on the Website; or
- redistribute any Content from this Website unless we expressly permitted redistribution.
- You may need to apply to be a registered user of the Website, or register for an account, to access certain services in our Website (including, for example, to place Orders). We may accept or reject your application to be a registered user or for an account at our sole discretion.
In making an application to be a registered user or to open an account, you warrant that you will:
- provide true and accurate information;
- not create accounts with false information;
- not transfer your account to someone else or allow someone else to share your account;
- at your sole responsibility, keep your username and password safe; and
- agree to be bound by such other terms and conditions as we may specify for registration or membership.
- We may suspend or terminate your registration or account at our absolute discretion if you breach any of these Terms and Conditions.
Part C – Disclaimers and Liability
- No Warranty as to Website
The Website is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
- the availability of the Website and its associated services at the time you wish to use it;
- merchantability, fitness for a particular purpose and non-infringement;
- accuracy or validity of information and Content on the Website; and
- whether Content is free from Malicious Computer Program.
- No Content on the Website constitutes advice of any kind.
- The Website is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
Third Party Websites and Materials
In this clause:
- Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website; and
- Third Party Website means a website operated by a third party.
We do not verify, endorse or approve Third Party Material and we provide no warranty or representation about Third Party Material or Third Party Websites, including (but not limited to) in relation to:
- the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
- whether they infringe any Intellectual Property Rights of any person or entity.
We are not responsible or liable for:
- any offers, statements or representations that are made on behalf of a Third Party Website; or
- Malicious Computer Program from Third Party Websites.
- In this clause:
Disclaimer of Other Warranties
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express of implied) not otherwise specified in these Terms and Conditions (whether in respect of the Website, Goods, or otherwise).
These Terms and Conditions include, by implication, only those warranties, conditions and terms that:
- law or legislation implies into these Terms and Conditions; and
- law or legislation prohibits the parties from modifying, excluding or contracting away;
such as any warranties implied by the Australian Consumer Law which cannot be modified or excluded.
- Limitation of Liability
In this clause, a Covered Party means:
- us, our affiliates, and any officer, director, employee, sub-contractor, agent, related body corporate or successor; and
- each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor.
To the fullest extent permitted under the law, a Covered Party is not responsible or liable for:
- content provided to you for free-of-charge;
- inaccuracy, errors or omissions with content;
- unavailability or interruption of usage of the Website and its services;
- any delay or failure in performance beyond the reasonable control of a Covered Party; and
- loss of data;
- any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the Website or your purchase of Goods;
- consequences resulting from your provision of false, fraudulent or incorrect information in relation to the Website or in order to obtain Goods;
- your use of any of the Goods supplied by us (including irresponsible consumption of any of the Goods supplied by us, or use not in accordance with their intended purpose or contrary to our directions); or
- any breach of these Terms and Conditions by you.
To the extent we cannot exclude liability and to the fullest extent permitted under the law, a Covered Party’s aggregate liability for negligence, breach of contract, under any legislation or any other cause of action is limited, at our discretion, to:
in case of Goods, any one or more of the following:
- replacement of the Goods or supply of equivalent Goods;
- payment of costs of replacing the Goods or acquiring equivalent Goods; or
- refunding the price paid for the Goods; and
in case of services:
- supply of the services again; or
- payment of the cost of supplying the services again.
- in case of any other damages, $100.00.
- in case of Goods, any one or more of the following:
- The exclusions and limitations of liability in this clause 13 apply even if you expressly advise a Covered Party of the potential loss. However, nothing in these Terms and Conditions will exclude or limit our liability in respect of any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- In this clause, a Covered Party means:
You agree to indemnify us and undertake to keep us indemnified against any loss, damage, costs, expenses, claims, liability (including legal fees) whatsoever arising out of or in connection with:
- your breach of these Terms and Conditions (including any of your representations or warranties in these Terms and Conditions);
- any Claim that you have breached these Terms and Conditions;
- you supplying Goods to a third party; and
- your use of any Goods we supply to you.
- You agree to indemnify us and undertake to keep us indemnified against any loss, damage, costs, expenses, claims, liability (including legal fees) whatsoever arising out of or in connection with:
Part D – Privacy and Data
Part E – Miscellaneous
- Breach of Terms and Conditions
If you breach any of these Terms and Conditions we may take appropriate actions including but not limited to:
- issuing a warning notice;
- suspending your access to the Website;
- prohibiting your access to the Website;
- refusing to supply Goods to you; or
- bringing court proceedings against you.
- If you breach any of these Terms and Conditions we may take appropriate actions including but not limited to:
- These Terms and Conditions terminate automatically if we cease to operate the Website.
- We make no representation that Content is appropriate or available for use in other locations and jurisdictions.
- These Terms and Conditions are governed by the laws of Australian Capital Territory. The Parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory. No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
- Where we are making a supply of Goods to you, that supply is taken to have occurred at our premises (and not where you receive the Goods).
- We reserve the right to update, change or replace any part of these Terms and Conditions at any time and without notice. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes.
- Your continued use of or access to the Website following the posting of any changes constitutes acceptance of any changes to these Terms and Conditions and the version that is current when you use or access the Website.
- These Terms and Conditions, and any instruments referred to herein, embodies the whole Agreement between the Parties relating to the subject matter of these Terms and Conditions and supersedes all previous agreements in respect of your usage of our Website or the ordering and supply of Goods.
- You may not transfer, sub-license or otherwise deal with your rights and obligations under these Terms and Conditions.
If all of any part of any provision of these Terms and Conditions are invalid or unenforceable, then:
- that provision is severed from these Terms and Conditions to the extent necessary to remove the invalidity or illegality; and
- the remaining provisions of these Terms and Conditions remains valid and enforceable.
- If all of any part of any provision of these Terms and Conditions are invalid or unenforceable, then:
Survival of Certain Terms
The terms of these Terms and Conditions which are capable of having effect after these Terms and Conditions end continue to have full effect, including clauses in relation to:
- protection of intellectual property;
- guarantees, warranties, indemnities and limitation of liability.
- The terms of these Terms and Conditions which are capable of having effect after these Terms and Conditions end continue to have full effect, including clauses in relation to:
Part F – Interpretation and Definitions
In these Terms and Conditions unless the contrary intention appears:
- a reference to these Terms and Conditions or any instrument includes any variation or replacement of any of them;
- a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
- a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
- the singular includes the plural and vice versa;
- words of one gender include any gender;
- headings do not affect the interpretation of these Terms and Conditions;
- reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
- reference to a thing (including a right) includes a part of that thing;
if a Party comprises two or more persons:
- reference to a Party means each of the persons individually and any two or more of them jointly;
- a promise by that Party binds each of them individually and all of them jointly;
- a right given to that Party is given to each of them individually; and
- a representative, warranty or undertaking by that Party is made by each of them individually;
- a provision must not be construed against a Party only because that Party prepared it;
- a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
- if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day before that day;
- another grammatical form of a defined expression has a corresponding meaning;
- the word “include” is used without any limitation;
- the rights, duties and remedies in these Terms and Conditions operate to the extent that they are not excluded by law; and
- examples are descriptive only and not exhaustive.
- In these Terms and Conditions unless the contrary intention appears:
The following words have these meanings unless the contrary intention appears:
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Claim means any claim, suit, action, demand, or right.
- Content means any material on the Website and Social Media as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
- Goods means any goods or products we produce, manufacture, sell, market or offer from time to time.
- Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
- Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
- Order means the order form (including but not limited to any electronic order form or paper order form) or email request you complete and lodge with us for the supply of Goods.
- Purchase Price means the total price (including freight and GST) for Goods as specified in your Order.
- Party means a party to this terms and conditions.
- Parties mean all parties to this terms and conditions.
- Terms and Conditions means the terms and conditions set out in this document.
- Website means www.bigriverdistilling.com.au or any website operated by us where these Terms and Conditions are published.
- We (with capitals or not) means Big River Distilling Co. Pty Ltd (ABN 95 619 584 226) and our related bodies corporate, and the words “us” and “our” etc. have corresponding meanings.
- You (with capitals or not) means the user of this Website and/or who places an Order with us and the words “your” and “yours” have corresponding meanings.
- The following words have these meanings unless the contrary intention appears: