Terms and conditions - Whisky Loot Australia
Terms and conditions - Whisky Loot Australia
- Thank you for deciding to join the Whisky Loot Program which is owned and operated by Liquor Loot Pty Ltd ACN 611 794 560, holder of NSW packaged liquor licence number LIQP770016971. We hope that you enjoy your membership and everything that it provides;
- By joining our Whisky Loot Program, or purchasing any product including full bottles of alcohol or other items that we offer for sale, you agree to be bound by these Terms under the laws of the state of New South Wales and the Commonwealth of Australia. Accordingly, you should review them carefully. If you do not accept the Terms, you should not join our Whisky Loot Program or purchase anything from us;
- We reserve the right to change these Terms at any time without notice. If we do, we will either write to the email address that you have provided advising of the change, or post a notice of the change on our website. You will be taken to have agreed to the change if you do not write to us cancelling your subscription or unsubscribe within 48 hours of that email. You will not have the option of continuing your membership of the Whisky Loot Program except under the revised Terms.
In these Terms:
- If the Terms provide for something to occur on a particular day and that day is not a business day in Sydney, that thing is to be done on the next business day in Sydney;
- Wherever the terms provide for you to send us an email, the email should be sent to firstname.lastname@example.org..
- Corporations Act means the Corporations Act 2001 (Cth);
- Fee means the monthly amount of displayed on screen when you sign up to the Whisky Loot Package, as altered by us from time to time by notice to you;
- Nominated Address means the address that you provide, and to which we will deliver the products that you order, whether for yourself or as a gift for another person;
- Terms means these terms and conditions between you and us;
- Us, We and Our means Whisky Loot;
- Whisky Loot means Liquor Loot Pty Ltd ACN 611 794 560 trading as Whisky Loot;
- Whisky Loot Plan means the package that you elect to purchase under these Terms, under which you or another person nominated by you will receive tasters of different whisky products on a monthly basis either indefinitely, or for a specific number of months if you purchase a three, six or twelve month membership to the Whisky Loot Plan in accordance with clause 6.
By joining our Whisky Loot Plan, you acknowledge that:
- Our Whisky Loot plan is designed for you to receive tasters of whisky products from different distilleries on a monthly basis;
- All tasters included in the Whisky Loot Plan are and will always be authentic products that fully comply with any rules, regulations or standards of relevant industry bodies and the policies of the distilleries that produce those tasters (although for the avoidance of doubt, we have no control over the policies and actions of the relevant distilleries);
- We will decide what tasters to include each month, and cannot generally accommodate particular requests;
- On or before the 7th day of each month we will inform you of the whisky tasters that we intend to send you that month and provide brief information about each product by posting that information on our website;
- Subject to clause 4 and clause 5, on the 14th day of each month, we will charge your nominated credit card the Fee; and
- Subject to clause 4 and clause 5, on the 21st day of each month we will send the products referred to in clause 3(c) to your Nominated Address.
- If you are aware that you do not wish to receive the tasters in a particular month, you may, prior to the 14th day of that month, login to the members section of our website using the login details that we will provide when you join the Whisky Loot Program, and elect to “skip” receipt of the tasters for that month on the online dashboard;
On receipt of this request, we:
- We will not charge you the Fee for that month; and
- We will not send the relevant tasters to your Nominated Address.
- After the 14th day of each month, you will no longer be able to “skip” receipt of the tasters for that month on our website, as provided for in clause 4(a). However, in the event that you wish to skip the relevant month and you notify us by email before the 21st day of that month, we may agree to allow you to skip that month at our discretion. If that occurs, we will (subject to clause 4d if the tasters have already been sent to you) refund the Fee if already charged and will otherwise not charge the Fee for that month; and
- Notwithstanding any other part of this clause 4, if we inadvertently or otherwise charge you the Fee for a month that you have elected to skip, we will incur no liability other than to refund the Fee to you, and even then, if the whisky tasters for that month have or are inadvertently sent to you, only if you return them to us unopened and unbroken.
- If you are aware that you do not wish to receive the tasters for between two and three consecutive months, you may, prior to the 14th day of the first of those consecutive months, login to our website using the login details that we will provide when you join the Whisky Loot Program, and elect to “pause” your membership for up to three months on the online dashboard;
- We will not charge you the Fee for the relevant months for which you suspend your membership in accordance with clause 5(a), and will not send tasters to you during those months;
- If you wish to end your pause early, you may do so by logging onto our website using the login details that we will provide when you join the Whisky Loot Program, and by clicking on the “resume” membership button on the dashboard. However, you will not generally be able to do so in relation to a given month later than the 14th day of that month. After the 14th day of any given month, if you wish to resume your membership and receive the tasters for that month, you may submit an email request to us, which we may allow or refuse in our absolute discretion;
- Notwithstanding any other part of this clause 5, if we inadvertently charge you the Fee for a month in which you have paused your membership, we will incur no liability other than to refund the Fee to you, and even then, if the whisky tasters for that month have or are inadvertently sent to you, only if you return them unopened and unbroken; and
- We will not incur any liability if we inadvertently fail to send you the tasters for a month in which you elected to pause your membership and then choose to resume your membership, except in relation to the refund of the Fee for that month if we have charged you that Fee.
- You may from time to time elect to purchase a three, six or twelve month membership to the Whisky Loot Program for somebody else as a gift, which we will endeavour to deliver to the address that you nominate for that person. By doing so, you agree to these Terms;
- If you purchase a three, six or twelve month membership to the Whisky Loot Program for somebody else, we will provide login details to that person using the email address that you provide for them. This will allow the gift recipient to skip a month or pause their membership as provided for in clauses 4 and 5, and on the same terms as provided in clauses 4 and 5, except that where those clauses provide for a refund or for the Fee not to be charged in a particular month, rather than a refund being available, if the recipient would otherwise have been entitled to a refund, he or she will instead be entitled to an additional month of tasters, and where tasters are not sent to the recipient because of his or her election in a given month, his or her membership will be extended by a corresponding month;
- On purchasing a three, six or twelve month membership as a gift, you will be charged the amount due for all of those months immediately, and that will be non-refundable (and not able to be cancelled) except in our absolute discretion; and
- You may not purchase a three, six or twelve month membership to the Whisky Loot program unless you provide evidence that both you and recipient of the tasters are above the age of 18 (and that the recipient meets any other legal requirement in the jurisdiction in which he or she is located).
- Subject to clause 6, you may cancel your membership at any time by logging in our website and electing to cancel your membership using the online dashboard; and
- If you cancel your membership and we inadvertently charge you the Fee in the following month or in any later months, you will have no claim against us except for the refund of the Fee, and even then, only if you return any products that we inadvertently send you unopened and undamaged.
You acknowledge that all products and tasters that we provide, and all information in relation to those products and tasters is provided to us by third parties. Consequently, to the extent permitted by law, you agree not to hold us liable for any defect in those products or tasters, or any damage or injury that those products cause. You also release us in relation to any information regarding those products being deceptive or misleading. We further expressly disclaim (and do not endorse or verify) the accuracy or reliability of content or information provided by third parties, even if we forward that information to you.
- Subject to clause 6c, 10d and 10e, If you are for any reason unsatisfied with the product provided to you, you may write to us within 30 days and ask that we refund the Fee. We may agree or refuse to do so at our absolute discretion, and will, in all cases, not consider refunding the Fee unless all tasters are returned to us unopened and undamaged, except where the damage was caused prior to the tasters coming into your possession;
- We will endeavour to ensure that whenever we provide a taster package, it contains all of the tasters that we indicated would be in that taster package. If we provide a taster package that is missing one or more of the products that we indicated would be present in that package, you may write to us asking for a refund of the Fee, or for us to provide the missing taster. We may agree or refuse to do so at our absolute discretion, and will, in all cases, not consider refunding the Fee unless all tasters are returned to us unopened and undamaged.
You acknowledge that the products that we supply are of an alcoholic nature, and that:
- Excessive consumption of alcohol constitutes a serious and ongoing health risk;
- You may not resell the alcoholic products that we provide under any circumstances whatsoever;
- It is illegal to supply alcohol to minors and you must never do so; and
- There are inherent risks in relation to the consumption of alcohol, including those caused by decreased awareness, cognitive and motor skills.
- You will not hold us liable for any loss or damage suffered as a result of the alcoholic nature of our products, and you agree to indemnify us in relation to any claim against us as a result of your misuse of alcoholic products that we supply;
You acknowledge that there are strict laws in relation to the supply and consumption of alcohol. You warrant that:
- You are at least 18 years of age, and if you or the Nominated Address is in a jurisdiction where the legal age for consumption of alcohol is higher, you have attained that higher age; and
- Any person to whom we deliver any of our products, or with whom you share any of our products must be at least 18 years of age, or any higher age required for the legal consumption of alcohol in the jurisdiction in which the Nominated Address is located;
- If you share any product that we provide with another person, that person is at least 18 years of age.
- You acknowledge that we may demand reasonable evidence of the matters referred to in subclause (c), and if you fail to provide that evidence, we may refuse to deliver the products to you without refund of the Fee;
- You acknowledge that any person or entity physically delivering the products to you may demand reasonable evidence that any person taking possession of those products meets the requirements of subclause (c), and may refuse to hand over the products without such evidence, without refund of the Fee.
- Will endeavour to ensure that your payment details, and any other personal information that you provide are held securely. However you agree to release us from all liability in relation to any failure to properly secure such information;
- You acknowledge that we use the payment system of an entity operating under the trading name “Stripe” who provides services under the terms and conditions set out at https://stripe.com/au/legal. You agree that such terms are reasonable, acknowledge that they are binding on us and on you when you make payment, and that you will not bring any claim against us for doing anything that we are required to do to comply with these terms.
- You acknowledge that we may rely on third parties to deliver products that you order;
- We reserve the right to cancel any order or membership, and to refuse to deliver products if we believe you or any person likely to receive those products is not legally entitled to take possession of and use our products, and to cancel any order where we suspect any form of fraud or dishonesty has occurred. We will incur no liability for doing so;
- You acknowledge that due to the nature of our products, it is foreseeable that a relevant authority or other body could seize, impound or levy additional taxes, duties or fees on one or more of our products. You agree that we will not be liable for this in any way and will not be liable to provide a refund of the Fee if this occurs;
- We have designed signature packaging to offer both a unique unpacking experience and protection for our products. If you nevertheless receive damaged goods, you should notify us immediately, and may request that we provide either replacement tasters, or a refund of the Fee for the relevant month;
- For the avoidance of doubt, we may require you to submit evidence such as a photograph showing the damaged product or products;
We reserve the right to decide:
- To provide replacement tasters (which will generally be the same as those damaged, but may not be in some cases);
- To refund the Fee for the relevant month; or
- To determine that we are not required to take any action, although we will not decide this unless we have reason to believe that you are responsible for the damaged product or products.
- To the full extent permitted by law, except in relation to provision of a refund of the Fee, you release us from all liability as a result of the late delivery of products, non-delivery of products, or delivery of products broken prior to reaching you.
- Except to the extent required by law, We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of our service; and
- Except to the extent prohibited by law, we disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon our service.
To the fullest extent permitted by law:
- All conditions and warranties as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
- Except where the law requires otherwise, in no event will we, our officers, employees, or agents be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from you joining Whisky Loot, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
- We are not liable to you or to any third party for any personal injury, including death, caused by or connected to access to the service or products that we provide; and
- To the extent permitted by law, remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
- While we will endeavour to ensure that our website and its features are available at all times, we will not incur any liability or obligation if the website or any of its features are inaccessible for any length of time;
- To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty;
- Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach;
- We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God; and
- These Terms are governed by and construed in accordance with the law of the State of New South Wales, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.