Last updated: 24th May 2016

Please read this user agreement carefully before using Head, Heart & Tales Distilling Co.  and/or any mobile application (the  ‘Service’) operated by Head, Heart & Tales Distilling Co. (‘we’, ‘us’ or ‘our’).

We provide the Service to you which is subject to the following terms and conditions (‘Terms’).  Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.

Your Acknowledgement of our User Agreement

By using this Service you acknowledge that you accept these Terms and Privacy Policy.  If you disagree with any part of the Terms then you may not access the Service. To use the Service you must be over eighteen years of age.

Privacy

Our Privacy Policy also forms part of this agreement for use of our Services which should be reviewed.

Intellectual Property Rights

All software provided by this service remains the Intellectual Property (including the copyrights) of Head, Heart & Tales Distilling Co. and is protected under Australian and International law and cannot be used without the express written authority of Head, Heart & Tales Distilling Co. All content and information supplied by the Service remains the property of Head, Heart & Tales Distilling Co., its suppliers or providers.

Scope of Our Service

Through our Service, we provide an online booking platform which users can purchase our alcohol products. By purchasing through Head, Heart & Tales Distilling Co., you enter into a direct (legally binding) contractual relationship with us.  

Our Service is provided for personal and non-commercial use only.  Therefore you are not allowed to re-sell, use, copy, monitor, display, download or reproduce any content, information, products or services available by our Service for any commercial or competitive purpose or activity.
 

Your Account

To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your ‘Account’).  The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

If you believe your Account has been compromised, please contact us immediately.

Fees and Services

The cost of all products will be clearly displayed before and after payment is made.

Australian Consumer Law

Our 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 and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any of the services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:

you acknowledge that our sites (including this website and all mobile applications) ("Sites") are provided "as is" and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;

the content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;

we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;

we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;

risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and

where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the Returns or sections in these terms and conditions, you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.

Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Changing or cancelling your order

You agree that you cannot change or cancel an order after it has been placed.

Returns

If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will happily refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if we are at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or we have breached a consumer guarantee. In all other circumstances, the delivery charge will be deducted from the refund to the customer.

International Delivery

If you order liquor products online, please be aware there may be customs restrictions or customs charges once the product arrives in your country. Head, Heart & Tales Distilling Co. cannot and will not change the description of the goods to avoid duty or taxes in your country. If your countries customs seizes an item it will be at your cost. If your country send the item back to us, we will refund you the full amount less our shipping charge. You as the buyer must be fully aware of your countries importation laws especially as they relate to liquor.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which survive by their nature should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations liability.

Links to Other Websites

Our Service may contain links to third-part websites or services that are not owned or controlled by Head, Heart & Tales Distilling Co.

Head, Heart & Tales Distilling Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Head, Heart & Tales Distilling Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or service available on or through any such websites or services.

We strongly advise you read the terms and conditions and privacy policies of any third-party websites or services you access.

Governing Law

These Terms shall be governed and constructed in accordance with the laws of Western Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  If any provision of these Terms is held to be invalid or unenforceable by a court of law, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.  What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue using the Service.

Contact Us

If you have any questions about these Terms, please contact us.