TERMS & CONDITIONS

The following terms and conditions of use (the “Terms and Conditions” or “Terms of Use”) govern your use of the website whiskybox.com.au, which shall include, without limitation, the home page and all other pages under the same domain name, and all content thereon (the “Site”) as provided by WhiskyBox (“WhiskyBox ” or “WhiskyBox Australia” or “WhiskyBox Club” or “we”).

As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. 

Updated: January 2018

Use of this Site

Use of this Site, Code of Conduct & Liquor Licensing

 Code of Conduct
We continually strive to offer our members a unique and satisfying experience by curating fine whiskies. Accordingly, we reserve the right to cancel or terminate any member’s account for any violation of our Terms and Conditions.

Any fraudulent behaviour, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks towards WhiskyBox Customers, on WhiskyBox systems, towards WhiskyBox , our Vendors or any third party will not be tolerated.

Play nice!

Terms & Conditions Detail
By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

These Terms and Conditions constitute the whole legal agreement between you and WhiskyBox and govern your use of the Site and completely replace all prior agreements between you and WhiskyBox in connection with the Site.

The Terms and Conditions and the relationship between you and WhiskyBox shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions.

You and WhiskyBox agree that any cause of action, dispute or claim that may arise between you and WhiskyBox shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:

  1. claims arising out of or related to any aspect of the relationship between you and WhiskyBox , whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  2. claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
  3. claims that may arise after the termination of these Terms and Conditions.

We control and operate this Site from Melbourne, Australia. We do not represent that materials on this Site are appropriate or available for use in other locations outside Australia. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You acknowledge and agree that WhiskyBox may terminate providing any services or the legal agreement between you and WhiskyBox for any reason at any time. If at any time, the relationship between WhiskyBox and you ends, the provisions in these Terms and Conditions (specifically the provisions related to intellectual property, security, content, liability, arbitration and venue) and shall be unaffected by the cessation.

Liquor Licensing Acts
WARNING: Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600).

The sale of liquor pursuant to the offer to purchase from this website is made from the Victorian Liquor Licence Number 36137538 issued by the VCGLR (Victorian Commission for Gambling and Liquor Regulation).

Your contract of sale is with Praxio Pty Ltd as trustee for the Praxio Trading Trust trading as WhiskyBox. Accordingly, your offer to purchase is subject to acceptance of your offer by WhiskyBox as the holder of the liquor licence, agreement of you being over 18 years of age, agreement of your recipient (if different) being over 18 years of age, the availability of stock which is the subject matter of your offer being ascertained.

Identification

WhiskyBox supports the responsible service of alcohol. 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.

You must be over 18 to place an order online or to receive a delivery, be located within Australia and specify a delivery address within Australia.

When placing an order with WhiskyBox via the website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct.

It is a condition of purchase that you verify that you are 18 years of age or over. If buying a WhiskyBox Whisky Tasting Pack as a gift, the recipient must also be at least 18 years of age.

If you do not confirm that you are 18 years or over, your order will not be processed. Someone over 18 years with valid ID must be at the delivery location to receive the order.

Advertising

The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history. The manner, mode, and extent of advertising by WhiskyBox is subject to change without notice. In consideration for granting you access to and use of the Site, you agree that WhiskyBox may place such advertising on the Site.

Transactions

If you wish to purchase any product or service made available, you may be asked to supply  information relevant to the purchase including, without limitation, your credit card information, your billing and shipping information.

You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilised in connection with any transaction.

By submitting such information, you grant to WhiskyBox the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding our privacy policy, please contact us before purchasing a product.
In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.

By placing an order, you represent that you are 18 years of age or older and you authorise our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered.

Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.

Affiliated Entities

WhiskyBox has affiliated legal entities that may provide services to you on behalf of WhiskyBox. You acknowledge and agree that such affiliates are entitled to provide services to you.

Shipping & Delivery

If you wish to purchase any product or service made available, you may be asked to supply  information relevant to the purchase including, without limitation, your credit card information, your billing and shipping information.

You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilised in connection with any transaction.

By submitting such information, you grant to WhiskyBox the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding our privacy policy, please contact us before purchasing a product.

In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.

By placing an order, you represent that you are 18 years of age or older and you authorise our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered.

Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.

Website Content

The materials (including all software) and services at this site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

WhiskyBox obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

WhiskyBox further does not warrant the accuracy and completeness of the materials, information or services at this Site. WhiskyBox may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and WhiskyBox makes no commitment to update the materials and services at this Site.

Information published at this Site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

You agree to use this Site for personal purposes and not for commercial purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person.

You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject.

You agree that you will not interfere with or disrupt the Site or any of the services provided by WhiskyBox and that you will not access WhiskyBox by any other means other than through the interface provided.

In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site.

You agree that any registration information you give to WhiskyBox will always be accurate, correct and up to date. You agree that you will not reproduce, copy, sell, barter, or trade any information you access on WhiskyBox .

You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage WhiskyBox may suffer.

You also agree that WhiskyBox has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.

Liability Disclaimer

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 repaired or 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 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 & Refunds section of the Terms & 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.

Returns & Refunds

Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.

Your rights under the Australian Consumer Law
‘Our goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.’

If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will cheerfully refund your money or exchange the product upon presentation of your proof of purchase. If the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or WhiskyBox has breached a consumer guarantee.

In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the customer. The fastest way to obtain a refund or exchange is to contact us with your order reference and our team will be able to assist you immediately.

Proof of purchase must be provided to obtain a refund/exchange and the product must be in a saleable condition. Saleable condition is defined as: Within its use by or best before date and the packaging is not damaged and in original condition.

In the event that your product must be returned, please allow 3-5 business days for your refund to be processed after the product has been received.

Security

You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorised use of your account, you may be liable. By using this Site, you represent you are qualified and authorised to use this Site under the account registered.

You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorised use of account information, you agree to notify us by contacting us.

You acknowledge that you have read, understood and will comply with the terms of our privacy policy and these Terms and Conditions.

Coupons & Promotional Vouchers

Coupons or Promotional vouchers can not be exchanged for cash, Used in conjunction with one another, Re-used on another transaction, or Partially used across multiple orders.

External Links

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”).

Links to Linked Sites do not constitute an endorsement by or association with WhiskyBox of such sites or the content, products, advertising or other materials presented on such sites.
WhiskyBox does not author, edit, or monitor these Linked Sites.

You acknowledge and agree that WhiskyBox is not 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 services available on such Linked Sites.

Intellectual Property

You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of WhiskyBox , our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.

As between you and the WhiskyBox , we are the owner and/or authorised user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.

We do not grant any license or other authorisation to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by WhiskyBox . This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions.

Unless specifically requested, WhiskyBox does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to WhiskyBox will be deemed not to be confidential or secret.

By submitting or sending information or other material to WhiskyBox you represent and warrant that the information is original from you and that no other party has any rights to the material.

By submitting or sending information or other material to WhiskyBox you grant WhiskyBox the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.

WhiskyBox supports the Responsible Service of Alcohol and complies fully with the applicable legislation, primarily the Liquor Control Reform Act 1998 and the Liquor Control Reform Regulations 2009. **WARNING** Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000) For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).

(c) 2017 WHISKYBOX AUSTRALIA | ABN 79 955 239 174 | LICENCE # 36137538 | FAQ | PRIVACY TERMS | SITEMAP