It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
2. USE CONSTITUTES ACCEPTANCE
By accessing the Site, opening an account or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
4. PROTECTION OF MINORS
You must be 18 years or older to use the Site or any Service.
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
If you authorise a minor (someone under 18 years of age) to use the Site or Services, YOU ARE COMMITTING AN OFFENCE.
You acknowledge and agree that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of such illegality and misuse by the minor.
5. ACCOUNT REGISTRATION
6. DELIVERY RESTRICTIONS
Alcohol may only be delivered:
To the adult (18 years or older) who placed the order (include their name in the instructions)
To another adult at the delivery address who can accept the order on behalf of the person who placed the order
If the delivery is made on a day after the sale was made, in accordance with the customer’s instructions (such as delivery to another address).
We reserve the right to refuse delivery or other services to any person or place at any time and in our sole discretion.
A person under 18 years of age must not take delivery of any alcohol sold online, by phone, fax or mail order. An on-the-spot penalty of $220 or a court fine of up to $2,200 applies.
This offence does not apply to an underage person who is ordered or requested by his or her parent or guardian to take delivery of the alcohol. However, parents, guardians or other adults must not ask a person under 18 years of age to take delivery of alcohol ordered online or by phone, fax or mail order. An on-the-spot penalty of $330 or a court fine of up to $3,300 applies.
7. DELIVERY PROCESS
By law, couriers and delivery people who deliver alcohol in NSW must adhere to the following regulations:
Get written instructions from the licensee on how the liquor is to be delivered.
Do not deliver the alcohol to a young person aged under 18 years.
Ask for proof of age documentation if you think the person accepting delivery might be under 18 years of age (to be safe it is a good idea to check for proof of age where the person appears to be under 25 years of age).
Do not deliver the alcohol to empty premises until at least the day after the customer orders the liquor.
8. REFUNDS AND CANCELLATIONS
8.1 Cancellations: If an order needs to be cancelled, please call (02) 9603 8860 immediately to speak with the Customer Service Team. We cannot guarantee the availability of changes or cancellation to any order once it has been placed. Cancelled orders are subject to a $15 delivery and restocking fee (the Restocking Fee).
8.2 Refunds: We do not offer refunds or exchanges for orders that have been successfully delivered and signed for.
9. THIRD PARTIES AND EXTERNAL LINKS
9.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold LiquorLove liable for any disputes you may have with such third party supplier.
9.2 Links: This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.
11. ACCOUNT AND PASSWORD SECURITY
If you register as a user with the Site you will be asked to choose a password. You must comply with the content rules set out in these Terms including but not limited to the following:
You must not use your account in connection with the impersonation of any person.
You must keep your password confidential.
You must notify us immediately if you become aware of any disclosure of your password.
You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure.
We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
12. OWNERSHIP AND INTELLECTUAL PROPERTY
12.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from LiquorLove.
12.2 License to Host Your Content: In these Terms, "your content" means all works and materials (including but not limited to advertising, testimonials, feedback and suggestions, text, images, documents, comments, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
reproduce, store and publish your content on and in relation to our Site and Services and any successor websites or services;
publish your content on and in relation to our Site and Services.
You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
12.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.
You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not LiquorLove that will be liable.
13. LICENSE TO USE OUR SERVICES
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
You acknowledge that the features and services provided by us may change at any time without prior notice to you.
You acknowledge that we reserve the right to sign out, terminate or delete your account at any time and for any reason at our sole discretion.
Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
14. ACCEPTABLE USE OF OUR SERVICES
You must not:
Use our Site or Services to infringe any third party rights, including but not limited to any third party copyright or other intellectual property right
Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
Access or otherwise interact with our Site or Services using any robot, spider or other automated means
Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
15. CODE OF CONDUCT
You agree to:
At all times comply with all applicable State and Federal laws and regulations and to not do anything fraudulent or illegal.
Only use the Site and Services if you are 18 or older and not to •not to use the Sites to purchase alcohol unless you and the alcohol recipient are 18 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
Only use your own account when accessing the Site and Services.
Use the Site and Services for personal use only and not for any commercial purpose.
Provide us with evidence of identity and age, including photo ID, upon request.
Keep your password confidential and secure and to report any unauthorised use of your account immediately.
16. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
17. CHANGES TO THIS SITE
We may discontinue or change any LiquorLove content, service, function or feature at any time with or without notice. This includes any changes to accounts and/or pricing.
18. PERSONAL INFORMATION AND PRIVACY
19. YOUR CONTENTS
19.1 Your Content: You agree that we may use any content or materials you submit to us, including but not limited to advertisements, testimonials , text, video, audio, images, code and documents, and comments in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to LiquorLove in any way.
19.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to LiquorLove in any way.
19.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any laws concerning the use of public telecommunications networks.
Interfering or disrupting networks or websites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
19.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
20. WARRANTIES AND DISCLAIMERS
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about the content or use of this Site or our Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
21. LIMITATIONS OF LIABILITY
You may not assert claims for money damages arising from this Site or its contents or the Services. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
22. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
You are 18 years of age or older.
Your use of the Site and Services will not breach these Terms.
You will only upload content you have the rights to, and you will not infringe any third party’s rights by uploading content you do not have the rights to.
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless LiquorLove and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. LiquorLove reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by LiquorLove in the defence of any claims.
24. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
We may suspend your account; cancel your account; and/or edit your account details at any time at our sole discretion without notice or explanation. You may cancel your account using the Site’s administration functions. LiquorLove reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
26. INTERSTATE OR INTERNATIONAL USE
The Site is intended for purchasers in the south-western suburbs of Sydney, New South Wales (NSW). We make no representation that content on this Site is appropriate or available for use in locations outside NSW. If you choose to access this Site from a location outside NSW, you do so on your own initiative and you are responsible for compliance with local laws.
All prices displayed are inclusive of GST (Goods and Services Tax) and you are responsible for the payment of all such taxes.
All prices are inclusive of GST and in Australian Dollars (AUD).
28.1 Payment Method: You may pay any fees via PayPal or other third party payment processors such as we may make available from time to time (“Payment Method”). Your Payment Method will be billed for the full amount of your transaction at the time of the transaction. You expressly authorize us to charge the amount of any purchase to the Payment Method you provided during registration or to a different Payment Method if you so designate at the time you make your purchase.
28.2 Errors: We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your PayPal account or other Payment Method you provided for the erroneous refund or reimbursement and you expressly authorize us to do so.
28.3 Third Party Charges: Charges to a third party payment processor such as PayPal are subject to any additional terms and conditions imposed by such third party payment processor.
28.4 Records: We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.
29. BREACHES OF THIS AGREEMENT
If you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
Delete, suspend or block access to your account
Send you one or more formal warnings
Temporarily suspend your access to the Site/Services
Permanently prohibit you from accessing the Site/Services
Block computers using your IP address from accessing the Site/Services
Contact any or all your Internet service providers (ISPs) and request that they block your access to the Site/Services
Commence legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to our Site and Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
30. GENERAL PROVISIONS
LiquorLove makes no claims or assurances that the Site is appropriate or available outside of NSW.
30.3 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
30.4 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
30.6 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
30.7 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us at email@example.com.
30.8 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
30.9 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
30.10 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
30.11 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
30.12 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
30.13 Third Party Rights: This Agreement does not confer any rights or benefits on any third party and is only for the benefit of you and LiquorLove. This does not affect our right to assign our rights or obligations to a third party as described in clause 30.4 above.
30.14 Dispute Resolution: It is not up to LiquorLove to resolve disputes between you and third party suppliers or delivery agents. In order for a dispute to be lodged you must have made every effort to resolve the dispute on your own. You acknowledge and agree you will be fair and reasonable in your communications with others and will work constructively to settle any dispute or conflict you may have. You agree you will submit to our internal dispute resolution service by contacting us at firstname.lastname@example.org and will abide by our determinations.
30.15 Help: You can contact us with questions about this Agreement or for other help by email to email@example.com.
LAST UPDATE TO THE TERMS AND CONDITIONS: 9th FEBRUARY, 2015