SALEYARDS DISTILLERY Pty Ltd ACN 613 763 787

TERMS OF USE

1. This website is published by Saleyards Distillery Pty Ltd A.C.N. 613 763 787 and trading as Saleyards Distillery (“Saleyards“).

2. Your use of www.saleyardsdistillery.com (“website”) is subject to these terms of use (“Terms of Use”). All services provided by Saleyards, including any services provided through this website, are governed at a minimum by these Terms of Use and by all of the policies of Saleyards. You may request such policies and Saleyards will use its best endeavours to provide you with the relevant policy (or part of the relevant policy) in writing or verbally in a reasonable timeframe. If You do not accept these Terms of Use, You must refrain from using this website.

3. If You use this website or undertake any activities through this website, You will be deemed to have read, understood and accepted these Terms of Use.

4. This page contains the terms and conditions governing your use of this web site and online purchases and bookings made via this website. By using this website You agree to be bound by these terms and conditions (T&Cs). Although the T&Cs shown on this web site may change without notice, it is only those terms and conditions in force at the time you use this website that are relevant to you. By continuing with this website, you consent to be bound by the varied T&Cs.

WEBSITE CONTENT

5. Please note that Saleyards may, at any time, add or remove content from this website without notice. Further, anything on this website must be read subject to these Terms of Use.

6. Although Saleyards uses its best endeavours to confirm the accuracy of any information published on this website, You agree that Saleyards cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Saleyards. You agree to make your own enquiries to verify all information provided.

7. All content on or connected to this website is for general information only. Saleyards does not and cannot guarantee that information is current. This webpage does not attempt to, nor provide advice in any capacity. You are responsible for verifying any information. You should report any error or omission in any information, material or service to Saleyards.

8. This website may feature or display third party content. By featuring or displaying this content, Saleyards does not in any way represent that Saleyards recommends or endorses the relevant advertiser, its products or services.

9. Neither Saleyards nor any third party will be liable for any errors in content, or for any actions You take in reliance on them. Neither You nor any other person may hold Saleyards liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

10. Saleyards may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Saleyards does not accept any responsibility in connection with your participation in activities conducted by any other party.

LIMITATION OF LIABILITY

11. This web site is operated by Saleyards. As far as is permitted by law, you agree when you use this web site to indemnify and release Saleyards in respect of any claims, loss or damage incurred as a result of any error, omission or misrepresentation in this web site.

12. Any provision not found in this section, but attempts to and does limit the liability and responsibility of Saleyards, should be considered a limitation of liability.

13. Saleyards reserves the right to refuse any purchase order, competition entry or booking made via this website.

RETURNS AND REPLACEMENT POLICY

14. Saleyards accepts that on some rare occasions, a bottle may have a faulty seal or become damaged in transit. Should a product arrive with such issues (and due to no fault of the purchaser) we may be happy to replace or provide a credit note for the amount of the purchase. T&Cs apply (see product of delivery policy).

PRODUCT DELIVERY POLICY

15. Deliveries will be dispatched from Saleyards (Queensland) within 7 business days of order and payment processing. Receipt of delivery to purchaser’s address is dependent on purchaser’s closeness to Saleyards and may range from same day delivery to ten days. Subject to external forces, this time period may be extended.

16. Saleyards will use all reasonable endeavours to deliver by any requested or agreed date, however Saleyards does not guarantee delivery on that date and is not liable for any loss resulting from late delivery. Nor does Saleyards guarantee that the ordered or requested quantity of goods is delivered. We are a small batch distillery, which means we must and do reserve the right to offer a smaller allocation to Saleyards customers than may have been ordered or requested, based on over-subscription of offers. If this occurs, we will use reasonable endeavours to let you know.

17. Deliveries cannot be made to PO boxes or anywhere outside of Australia. Saleyards retains the exclusive right to change or amend this policy. In the instance the recipient has provided incorrect or out-of-date details, Saleyards is not liable for incorrect or unclaimed delivery.

18. Saleyards offers the opportunity to provide delivery instructions to have goods left at point of delivery. All efforts will be made to ensure these instructions are followed but it must be clear that the customer takes on this option at their own risk. The recipient cannot hold Saleyards liable for any Damage and/or loss where an order has been left at point of delivery on the orderee’s request.

19. Goods will NOT be delivered to persons under the age of 18 years. Saleyards may request that the person who receives the goods provide satisfactory evidence of proof of age.

20. Saleyards must be notified of damage caused to goods during shipping, within 3 days of delivery. Replacement of goods will be coordinated by Saleyards provided there is satisfactory evidence damage was caused during transit [photo evidence may be requested]. Replacements will not provided in situations covered by provision 19, unless it is without doubt the damage occurred in transit.

INTELLECTUAL PROPERTY (IP) RIGHTS

21. Copyright and other intellectual property rights in respect of this web site are owned by Saleyards, its affiliates, corporate partners or licensors, unless expressly stated otherwise.

22. You acknowledge that all IP (no limitations), are owned by Saleyards or a related body corporate of Saleyards, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These IP rights are protected by Australian and international Law and nothing in these Terms of Use gives You a right to use any of them.

23. Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Saleyards makes no representations or warranties that your use of the information on this website will not infringe such IP rights.

24. You may ‘download, store in cache, display, print and copy’ material in a complete and unaltered form for your own personal, non-commercial use provided that you:

  • Keep intact all copyright and trademark notices; and
  • Do not use the material in any manner that suggests an association with any aspect of Saleyards (to be determined by Saleyards).

Provided these conditions are followed, you may use the material on this web site for the purpose of research or study, provided your use is fair (no more than 10%).

25. You may not otherwise copy, reproduce, alter, distribute or display the material on this web site in any way without our prior written permission and subject to the Copyright Act 1968 (Cth) and similar legislation. Breach of this may render you liable at law for criminal and/or civil penalties. Our website content is protected by Australian and International copyright and trademark laws and you are not permitted to make any unauthorized use of its contents.

26. You may not copy, take, modify, use or attempt to copy, take, modify any aspect of this website including but not limited to the appearance and layout or underlying software or coding of this (or related to this) website.

27. If You correspond or otherwise communicate with Saleyards, You automatically grant to Saleyards an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services

28. Title to the IP shall at all times remain with Saleyards.

29. You acknowledge that to the extent permissible by Law, the IP is the exclusive property of, and is owned by, Saleyards, if the Goods are transformed or mingled with other goods.

30. You must not at any time, without the prior express written consent of Saleyards, apply for registration of any patent, business name, trade mark, company name or domain name which includes the IP or any part of the IP or is substantially similar to the IP.

TRADEMARKS

32. The trademarks that appear on this site are Saleyards, its related bodies corporate or other affiliates, unless otherwise stated.

33. Other trademarks displayed on this website are trademarks of their respective owners. Nothing contained on this website should be construed as granting any license or right of use of any trademark displayed on this website in the absence of written consent from Saleyards, its related bodies corporate, or the relevant affiliate or the third party owner of the trade mark.

THIRD PARTY LINKS

34. This web site contains hyperlinks and other pointers to web sites operated by third parties. These linked web sites are not under the control of Saleyards and Saleyards is not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. Saleyards provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement. You access such websites entirely at your own risk.

ENTIRE AGREEMENT

35. These Terms of Use together with any credit applications (with their own T&Cs comprise the entire agreement between the Buyer and Saleyards or webpage user and Saleyards.

NO AGENCY

36. The Buyer will not by virtue of these Terms be, or for any purpose be deemed to be, an agent of Saleyards.

COOKIES

37. You consent to Saleyards being able to use cookies on this website to gather data in relation to this website.

GOVERNING LAW AND JURISDICTION

38. These Terms of Use are governed by and construed in accordance with the Law of New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

SEVERABILITY

39. If any part of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use. The NSW, Australia jurisdiction applies regardless of access location. But you are responsible for complying your local laws in addition to the laws of NSW, Australia. Saleyards makes no representations that the content of this website complies with the Laws of any country outside Australia.

PERSONAL INFORMATION

40. You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before:

  • purchasing anything on this website such as but not limited to alcohol;
  • entering any competition or events; or
  • registering for our Saleyards Membership on this web site.

All personal information collected from this web site will be maintained in accordance with the Saleyards Privacy Policy which is incorporated into these T&Cs of use.

PRIVACY ACT 1988 (CTH) and the Privacy Policy

GENERAL

41. These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice.