1. About the Website
- Welcome to liquor2door.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services ‘).
- The Website is operated by Liquor2Door(ABN 14 952 282 820). Access to and use of the Website, or any of its associated Products or Services, is provided by Liquor2Door. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Liquor2Door reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Liquor2Door updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Liquor2Door in the user interface.
3. Registration to use the Purchase Services
- In order to access the Purchase Services, you may choose to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Mailing address
- Telephone number
- Proof of identification
- You warrant that any information you give to Liquor2Door in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted access to the Purchase Services , Specials , Any loyalty programs/benefits.
- You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Liquor2Door; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
- As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Liquor2Door of any unauthorized use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of Liquor2Door providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Liquor2Door for any illegal or unauthorized use of the Website, and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- Payment of the Purchase Price may be made through Stripe/AfterPay (the ‘Payment Gateway Provider‘). In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.
- Following payment of the Purchase Price being confirmed by Liquor2Door, you will be issued with a receipt to confirm that the payment has been received and Liquor2Door may record your purchase details for future use.
- Liquor2Door does not provide a refund on the return of the Products or change of mind. If your goods are damaged while delivering by us , we will endeavor to provide you a matching or similar replacement.
6. Warranty
- Liquor2Door’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty ‘).
- You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within …… from the date of purchase (the ‘Warranty Period‘).
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Liquor2Door showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Liquor2Door at Level 3 , 3-5 Bennett Street, East Perth, Western Australia, 6004 or by email at support@liquor2door.com.au.
- Where the Warranty Claim is accepted then Liquor2Door will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labor. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by Liquor2Door and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Copyright and Intellectual Property
- The Website, the Purchase Services, and all of the related products of Liquor2Door are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the ‘Content‘) are owned or controlled for these purposes and are reserved by Liquor2Door or its contributors.
- Liquor2Door retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Liquor2Door; or
- the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
- a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Liquor2Door and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
- Liquor2Door takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Liquor2Door’s Privacy Policy, which is available on the Website.
9. General Disclaimer
- You acknowledge that Liquor2Door does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than those provided for pursuant to these Terms.
- Liquor2Door will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colors, and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
- Liquor2Door will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Liquor2Door, is at your own risk. Everything on the Website, the Purchase Services, and the Products of Liquor2Door, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers, or licensors of Liquor2Door make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Liquor2Door) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
- the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services, or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
- Liquor2Door’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Liquor2Door is the resupply of the information or Purchase Services to you.
- You expressly understand and agree that Liquor2Door, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
- Liquor2Door is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Liquor2Door, by third parties, or by any of the Purchase Services offered by Liquor2Door.
11. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Liquor2Door as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Liquor2Door at any time; and
- closing your accounts for all of the Purchase Services which you use, where Liquor2Door has made this option available to you.
- Your notice should be sent, in writing, to Liquor2Door via the ‘Contact Us’ link on our homepage.
- Liquor2Door may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Liquor2Door is required to do so by law;
- the partner with whom Liquor2Door offered the Purchase Services to you has terminated its relationship with Liquor2Door or ceased to offer the Purchase Services to you;
- Liquor2Door is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Liquor2Door is, in the opinion of Liquor2Door, no longer commercially viable.
- Subject to local applicable laws, Liquor2Door reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Liquor2Door’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Liquor2Door have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Indemnity
- You agree to indemnify Liquor2Door, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
13. Dispute Resolution
- Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). - Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute. - Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:- Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Perth, Australia.
- Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. - Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
- The Purchase Services offered by Liquor2Door are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
15. Governing Law
- The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Western Australia Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
1. About the Website
- Welcome to liquor2door.com.au (the ‘Website‘). The Website Liquor Delivery (the ‘Services‘).
- The Website is operated by Liquor2Door(ABN 14 952 282 820. Access to and use of the Website, or any of its associated Products or Services, is provided by Liquor2Door. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Liquor2Door reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Liquor2Door updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Liquor2Door in the user interface.
3. Registration to use the Purchase Services
- In order to access the Services, you may choose to register for an account through the Website (the ‘Account‘).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Mailing address
- Telephone number
- Proof of identification
- You warrant that any information you give to Liquor2Door in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.
- You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Liquor2Door; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Liquor2Door of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Liquor2Door providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Liquor2Door;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Liquor2Door for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- you will use the Services only for purposes that are permitted by:
5. Payment
- Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
- Electronic funds transfer (‘EFT ‘) into our nominated bank account
- Credit Card Payment (‘Credit Card‘)
- PayPal (‘PayPal‘)
- All payments made in the course of your use of the Services are made using Stripe/AfterPay. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe/AfterPay terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
- You agree and acknowledge that Liquor2Door can vary the Services Fee at any time.
6. Refund Policy
Liquor2Door will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Liquor2Door makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
7. Copyright and Intellectual Property
- The Website, the Services and all of the related products of Liquor2Door are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Liquor2Door or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Liquor2Door, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
Liquor2Door does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Liquor2Door.
- Liquor2Door retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Liquor2Door and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
- Liquor2Door takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Liquor2Door’s Privacy Policy, which is available on the Website.
9. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Liquor2Door will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Liquor2Door make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Liquor2Door) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Liquor2Door; and
- the Services or operation in respect to links which are provided for your convenience.
- Liquor2Door’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Liquor2Door is the resupply of the information or Purchase Services to you.
- You expressly understand and agree that Liquor2Door, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
11. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Liquor2Door as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Liquor2Door with 14 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Liquor2Door has made this option available to you.
Your notice should be sent, in writing, to Liquor2Door via the ‘Contact Us’ link on our homepage.
- Liquor2Door may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Liquor2Door is required to do so by law;
- the provision of the Purchase Services to you by Liquor2Door is, in the opinion of Liquor2Door, no longer commercially viable.
- Subject to local applicable laws, Liquor2Door reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Liquor2Door’s name or reputation or violates the rights of those of another party.
12. Indemnity
- You agree to indemnify Liquor2Door, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
13. Dispute Resolution
- Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). - Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute. - Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Level 3 ,3-5 Bennett Street, East perth ,6004, Australia.
- Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. - Termination of Mediation:If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
- The Services offered by Liquor2Door is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
15. Governing Law
- The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
1. About the Website
- Welcome to liquor2door.com.au (the ‘Website’). The Website allows you to access and use the get the liqour delivered to you (the ‘Services’).
- The Website is operated by Liquor2Door, ABN 14 952 282 820 . Access to and use of the Website, or any of its associated Products or Services, is provided by Liquor2Door. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Liquor2Door reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Liquor2Door updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
- get the liquor delivered to you
- accounts are currently offered to registered users. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
- Some accounts may be governed by a separate Software Licensing Agreement with Liquor2Door, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
4. Acceptable use of the Service
- Liquor Delivery, its related features, and website must only be used lawfully. Liquor2Door reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
- To engage in any act that would disrupt the access, availability, and security of get the liquor delivered to you and other Liquor2Door services, including but not limited to:
- Tampering with, reverse-engineering, or hacking our servers.
- Modifying, disabling, or compromising the performance get the liquor delivered to you or other Liquor2Door services.
- Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
- Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Liquor2Door.
- For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
- To stalk, harass or threaten users and any member of the public.
- To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Liquor2Door or any third party
- To access or search any part of the Service, or any other Service owned by Liquor2Door other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
- To post, upload, share, or otherwise circulate content in violation of get the liquor delivered to you’s content policy
- To engage in any act that would disrupt the access, availability, and security of get the liquor delivered to you and other Liquor2Door services, including but not limited to:
5. Security and Data Privacy
Liquor2Door takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Liquor2Door’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Liquor2Door’s processes, policies, and obligations in respect of get the liquor delivered to you security breaches.
6. Data Use
Liquor2Door collects, stores, and processes your data on get the liquor delivered to you. The data is used to provide Services to you, as well as to facilitate Liquor2Door’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Liquor2Door. The Privacy Policy also addresses Liquor2Door’s processes, policies, and obligations in respect of data encryption and removal requests.
7. Subscription to use the Service
- In order to access the Services, you may be required to first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered a member (‘Member’).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name,phone, contact details and address for delivery.
- You warrant that any information you give to Liquor2Door in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (“User”). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Liquor2Door; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services
8. Payments
- Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.
- Payments made in the course of your use of get the liquor delivered to you may be made using third-party applications and services not owned, operated, or otherwise controlled by Liquor2Door. You acknowledge and agree that Liquor2Door will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for get the liquor delivered to you services.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
- You agree and acknowledge that Liquor2Door can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
9. Refund Policy
Liquor2Door will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Liquor2Door makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
10. Copyright and Intellectual Property
- The Website, the Services and all of the related products of Liquor2Door are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Liquor2Door or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Liquor2Door, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Liquor2Door does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Liquor2Door.
- Liquor2Door retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Liquor2Door and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Liquor2Door will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Liquor2Door make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Liquor2Door) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Liquor2Door; and
- the Services or operation in respect to links which are provided for your convenience.
12. Limitation of Liability
- Liquor2Door’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Liquor2Door, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Liquor2Door as set out below.
- If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing Liquor2Door with 14 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Liquor2Door has made this option available to you.
- Any notices pursuant to Clause 13.2 above should be sent, in writing, to Liquor2Door via the ‘Contact Us’ link on our homepage.
- Liquor2Door may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Liquor2Door is required to do so by law;
- the provision of the Services to you by Liquor2Door is, in the opinion of Liquor2Door, no longer commercially viable.
- Subject to local applicable laws, Liquor2Door reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Liquor2Door’s name or reputation or violates the rights of those of another party.
14. Indemnity
You agree to indemnify Liquor2Door, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
15. Dispute Resolution
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Level 3, 3-5 Bennett Street, East perth, 6004, Australia.
15.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by Liquor2Door is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia.
17. Governing Law
The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.