LIQUOR LOOT – TERMS AND CONDITIONS
Thanks for visiting Gin Loot! Finding your favourite Gin has never been easier. Before you sign up to Gin Loot (including any site in the ‘Liquor Loot group’), please make sure you read these terms and conditions.
- This website is operated by Liquor Loot Pty Ltd ABN 34 611 794 560 (we, our or us), holder of NSW packaged liquor licence number LIQP770017411. This website is available at: ginloot.com and may be available through other addresses or channels including our mobile application, and including each of the sites in the ‘Liquor Loot group’ (collectively the Site).
- By accessing and/or using the Site you:
- confirm to us that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us, and, if you are purchasing a gift Subscription, that the recipient is also over 18 years of age; and
- agree to use the Site in accordance with the Terms.
- When you create an account, you will be asked to input basic contact information such as your name, date of birth and email address. You will also be asked to choose a password. When you make a purchase, you will be asked to input your delivery address, billing address and payment details.
- It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including any purchases made using your account details.
- You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
You may make an order for:
- a one-off purchase (including products, merchandise, event tickets and other items as set out on the Site) (One-Off Purchase); and/or
- a subscription to receive tasters of different liquor products from a variety of distilleries, as described on the Site (Subscription).
- Purchasing a gift Subscription for a friend is considered a One-Off Purchase, and redeeming a gift Subscription (as the recipient of the gift) is considered purchasing that Subscription, and recipients of a gift will be “charged” $0 (including any payment processing fee) to redeem their gift.
- We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
- Each One-Off Purchase order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
- It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
- When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
- Under Australian laws, alcohol can only be sold or supplied to persons aged 18 years or older. By placing an order with us, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol responsibly and in accordance with the law.
- At our discretion, we may offer you a discount on the first month of your Subscription, and you acknowledge that such a discount can only be granted once per person, once per credit card and once per delivery address.
- When you place an order for a Subscription, you must choose either a monthly Subscription (Monthly Subscription), or an annual Subscription (Annual Subscription).
- A Monthly Subscription will automatically renew each monthly billing cycle for a maximum of 12 months. You will be charged for each order every 30 days following the date when you first placed your order for your Monthly Subscription (Billing Date).
- The selection of products to be included in each order under your Subscription (Product Selection) will be notified to you via your account prior to your upcoming delivery. In your account you will find interesting and informative resources (including a video) for you to read and watch as you enjoy the Product Selection for that month.
- When purchasing a gift Subscription, you can choose from different periods as set out on the Site (e.g. 3, 6 or 12 months).
- You can elect for your recipient to be emailed their gift redemption code to redeem their gift. Alternatively, you can elect for the first delivery of products to be posted to the recipient, and in this package the recipient will find the code they can use to redeem the remaining months of their gift. Your recipient must either create an account on the Site or use their existing account to redeem their gift Subscription.
- If you are the recipient of a gift Subscription, you must redeem your Subscription by entering your redemption code as instructed on the Site. You will be taken to a payment page and you must enter in your payment details, however you will be charged $0 for the transaction.
- If you are the recipient of a gift Subscription, it will come to an end when the gift Subscription runs out, and your payment method will not be charged any amounts. However, you may elect to continue your Subscription by purchasing a Monthly Subscription.
- Your Monthly Subscription or your Annual Subscription will end after 12 months. Before your Subscription is set to end, you will be invited to join a new, higher tier, monthly Subscription (Top Tier Subscription), and you will be asked to accept the current terms and conditions to purchase the new Top Tier Subscription. For a seamless transition, your billing date (and delivery date) for your new Top Tier Subscription will align with your current Billing Date (if applicable) and delivery date, and the payment method linked to your account will be charged the fee for your new Top Tier Subscription on the next Billing Date.
- When purchasing a Top Tier Subscription, you can choose from different periods as set out on the Site and your Top Tier Subscription will continue for that term unless cancelled in accordance with clause 8(e).
- We want to offer our customers great flexibility. If, part way through your Subscription, you wish to switch to any of the other liquor Subscriptions of equal value that we have on offer, you may request to do so by contacting our customer service team. You will be permitted to switch to the same type of Subscription (whether Monthly Subscription, Annual Subscription or Top Tier Subscription).
What happens after 12 months of a Monthly Subscription or the end of an Annual Subscription?
Switching your Subscription
5. Price and payments
- You must pay us the purchase price of each product you order (plus any applicable delivery costs based on the delivery options selected by you) as set out on the Site (the Price) in accordance with this clause.
- When making a One-Off Purchase, including when purchasing a gift Subscription for a friend, you must pay the Price via credit card or any other payment methods set out on the Site such as PayPal, Google Pay or Apple Pay.
Where you have purchased a Subscription:
- you must pay us the fee for your Subscription and any other amount payable to us under these Terms (Subscription Fee), without set off or delay via credit card or any other payment methods set out on the Site such as PayPal;
- for a Monthly Subscription or Top Tier Subscription, you must pay us the Subscription Fee monthly in advance of the next 30 days of your Subscription;
- for an Annual Subscription, you must pay us the Subscription Fee in full and upfront at the time you place the order, and before the Subscription begins; and
- you are responsible for reviewing the pricing schedule, inclusions and exclusions associated with your Subscription.
- Delivery costs are displayed separately from the Price for One-Off Purchases. The Subscription Fee includes delivery fees.
- All amounts are stated in Australian dollars and are inclusive of GST (where applicable).
- You must not pay, or attempt to pay, the Price or Subscription Fee by fraudulent or unlawful means.
- To the extent permitted by law, the Price and Subscription Fee are non-refundable and non-cancellable once paid.
- If any payment in relation to a Subscription Fee has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately cease supplying the products.
- We may modify our Subscription Fee from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email, text message or via notification to your account (and you may change your notification preferences in your account page). If you do not agree to the price change, you may cancel your Subscription in accordance with the ‘Cancellation’ clause.
- If you are a Northern Territory resident or ordering products for delivery to the Northern Territory, the listing of a product on the Site does not constitute an offer to sell that product to you for that price. Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation, which may change the final price calculation for your order.
- We may from time to time issue promotional discount codes (via text message, email, or other communication methods) for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. If you have an active Subscription (that is, a Subscription that is not paused or cancelled), you may also be entitled to member-only pricing for One-Off Purchases, and such pricing will be displayed when you checkout.
- We may also occasionally offer Subscription upgrades where you will receive more products with each delivery. You can redeem an upgrade via a link in an email sent to you or via your account page and the upgrade will become effective on the next Billing Date. The payment method linked to your account will automatically be charged the new Subscription Fee for your upgrade on the next Billing Date. Where you elect to upgrade and you have an Annual Subscription, your payment method will be charged the price difference.
- We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
7. ‘Sip Coins’
- Each time you make a purchase while on an active Subscription (including as the recipient of a gift Subscription), you receive points which are credited to your account. When you accumulate a certain number of points, you can redeem these for future purchases.
- You may check your points balance on your account page. We may reverse points where a refund is given and we may correct points which have been awarded by mistake.
- Where your points are going to expire, or where we are changing or stopping our reward points program, we will provide you with ample notice to allow you to redeem your points if you wish.
8. Availability and cancellation
- All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
- We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
- You may pause your Subscription at any time for no longer than 3 consecutive months. You must notify our customer service team (the details of which are set out at the end of these Terms) at least 3 business days prior to the next Billing Date. Our customer service team will confirm the pause in writing. If you pause your Subscription less than 3 business days prior to the next Billing Date, we will endeavour to initiate your pause but cannot promise that this will be possible, and if the pause cannot be initiated, you will be charged the Subscription Fee on the next Billing Date and your Subscription will be paused effective from the following billing cycle.
- Your Subscription will be reinstated at the end of the pause.
- Cancelling your Monthly Subscription or Top Tier Subscription: You can cancel your Subscription and terminate these Terms at any time by updating your account on the Site. You must update your account at least 3 business days prior to the next Billing Date. If you cancel your Subscription less than 3 business days prior to the next Billing Date, you will be charged the Subscription Fee on the next Billing Date and your cancellation of the Subscription will be effective for the following period.
- Cancelling your Annual Subscription: Noting that Annual Subscriptions end after the first year, we generally do not offer cancellations of Annual Subscriptions during the term of the Annual Subscription. However, in exceptional circumstances (including where we have amended these Terms in accordance with clause 17(l) and you believe the amendment adversely and materially affects you), we may allow you to cancel your Annual Subscription and we may refund a portion of the Subscription Fee paid. Please contact our customer service team to discuss your options.
- We may immediately suspend, terminate or limit your access to and use of the Site and terminate these Terms, if you breach the Terms (including your obligation to pay the Subscription Fee, and including if we believe that you or any recipient of the products is not legally entitled to take possession of and use our products) and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
- If your account is cancelled and you create a new account at a later date, your ‘Sip Coins’ balance will be nil when you create your new account.
- If your Subscription is cancelled and you later decide to re-subscribe, you will be charged at the then-current Subscription Fee.
Pausing your Subscription
9. Delivery, title and risk
- We will deliver the products to the delivery address you provide when making your order. We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as practicable. We do not currently ship internationally.
- We may deliver the products using a range of delivery methods including Australia Post.
- You, or your authorised representative, or the recipient of a gift or their authorised representative, must be at the delivery address to accept delivery. If no one is home, our delivery partners will take the products to the nearest parcel locker or Australia Post office. In certain circumstances, our delivery partners may have authority to leave parcels at the delivery address even if no one is home to accept your delivery.
- Any dispatch periods and delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
- You acknowledge that our delivery partners may request reasonable evidence that any person taking possession of any products purchased from our Site is at least 18 years of age, and that our partners may refuse to hand over the products without such evidence.
- In certain circumstances we may not deliver your order, including because any likely recipient appears to be under the influence of alcohol or drugs, under the age of 18 years, or acting on behalf of someone who may be unsuitable to receive the products.
- If we are delivering products to South Australia, the recipient must sign a declaration confirming that they are over 18 years of age. If the recipient looks to be under 25 years of age, the recipient must provide proof of identification, including their name and date of birth, indicating that they are over 18 years of age.
- You acknowledge that due to the nature of our products, authorities may seize, impound or levy additional taxes, duties or fees on our products.
- If you need to change the delivery date or delivery address, please notify us immediately in writing, so that we can change the address before the products are dispatched. If you have notified us of a change after your products have been dispatched for that month, you acknowledge that you may be charged an additional fee for re-delivery to the new address, and you will be notified of any additional fees owing.
- Title to the products will remain with us until you have paid us the Price, or the Subscription Fee for that billing cycle (for a Monthly Subscription or Top Tier Subscription), or at the time the products are dispatched each month (for an Annual Subscription or gift Subscription) in accordance with the Terms.
- Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
10. Intellectual property
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Site and the products) will at all times vest, or remain vested, in us.
- In consideration for the payment of the Price or the Subscription Fee we grant you a non-exclusive, non-transferrable (except with our written permission) non-sublicensable, personal and revocable licence to access and use our Site.
You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
11. Facebook group
If you have an active Subscription, you will be invited to join a private Facebook group, of which you may remain a member for the duration of your Subscription. You must not post, share or publish any material in the Facebook group which is indecent, offensive, in breach of any laws, or in breach of any intellectual property rights. We reserve the right to, at any time, remove any content you share in the Facebook group, and remove your access to the Facebook group. Your access to the Facebook group will be subject to Facebook’s terms and conditions and we are not liable (including for any refund of any Fees) if Facebook restricts your access to the Facebook group. Information and User Content shared by other members of the Facebook group is private and confidential. You must keep confidential any information you receive via the Facebook group, including the names of other members.
12. User Content
- You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as reviews, tasting notes, testimonials, comments, pictures and videos on your account (User Content). You must Submit User Content in accordance with the Terms.
- We ask you to limit your discussions to topics which are relevant to the Site and the products.
We reserve the right to remove any reviews or comments which we, in our sole discretion, deem to be in breach of these terms including the ‘Exclusions’ clause and deem to be inappropriate including posts that:
- defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person;
- use obscene or foul language;
- include link(s) to inappropriate, offensive or illegal material in any User Content;
- could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and
- interfere with another user.
- We are not responsible for the conduct of any user of our Site. You agree and acknowledge that you participate on the Site including by Submitting User Content at your own risk.
- By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:
- use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
- reveal your account password to others or allow others to use your account; or
- send any unsolicited messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”).
You acknowledge that we supply alcoholic products, and that:
- excessive consumption of alcohol may result in a serious and ongoing health risk;
- you may not resell the products we supply in any circumstances;
- it is illegal to supply alcohol to minors and you may not do so; and
- there are inherent risks in relation to the consumption of alcohol, including decreased awareness, cognitive and motor skills.
Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed us resupplying the products to you; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, the products, or any injury or loss to any person, including as a result of consumption and/or misuse of alcohol;
- failure or delay in providing the products; or
- breach of the Terms or any law,
- event or circumstance beyond our reasonable control; or
- act or omission of you or your related parties,
where caused or contributed to by any:
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
15. Collection Notice
- We may disclose that information to third party service providers who help us deliver our services (including our delivery partners, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
16. Notice regarding Apple
- To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Site and any content available on the Site.
- Apple has no obligation to furnish you with any maintenance and support services with respect to our Site.
- If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
- You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
- You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- Third Party Content: Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content or information provided by third parties, including content on third party sites that are linked to on our Site. We recommend you make your own investigations with respect to the suitability of content provided by third parties.
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
- Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
- Photographs: If you provide us with photographs of the products, including via email, or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
- Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
- Survival: Clauses 10 (Intellectual Property), 11 (Facebook group), 12 (User Content), 13 (Exclusions) , 14 (Limitations), and 17 (General) will survive the termination or expiry of these Terms.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site and/or notifying you in your account. If you have a Subscription and you do not agree with the variation, you may, within 7 days of the amendment, cancel your Subscription and terminate these Terms in accordance with the ‘Cancellation’ clause. For One-Off Purchases, prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any One-Off Purchase order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
- (m)Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
For any questions and notices, please contact us at:
Liquor Loot Pty Ltd ABN 34 611 794 560
Last update: 3 November 2020