Terms and Conditions

Version: 1.0 (15-01-2024)
These Terms and Conditions apply to all Artisan Beverages Pty Ltd, Artisan Bottling Pty Ltd, Artisan Spirits Guide, Gintonica, Whisky Rocks and other related entities (hereafter referred to as ‘Artisan’) products and services available via our websites and digital properties.

This Agreement ("Agreement") outlines the relationship and responsibilities between the user ("User" “you” or "your") and Artisan ("Company," "we," "our," or "us") and governs your use of the Artisan distilled spirit guide, ecommerce sites, online shopping cart/s, mobile apps, mailing lists and any other platforms (“platforms”) provided by the Company.

1. Acceptance of Term

By accessing or using our platforms, you agree to comply with and be bound by the terms and conditions of this Agreement. If you do not agree to these terms, please do not use our services.

2. Age Restriction

You must be at least 18 years old to use our services.

Minors and Age Verification

Prohibition: Our services are intended for individuals of legal drinking age. Minors (individuals under the legal drinking age in their jurisdiction) are expressly prohibited from using our website and services.

Age Verification: By using our services, you affirm and warrant that you are of legal drinking age in your jurisdiction. We reserve the right to request age verification information at any time and to deny access to our services to anyone who does not meet the legal drinking age requirements.

False Representation: Users agree not to misrepresent their age or provide false information regarding their eligibility to use our services. Any attempt to do so may result in the immediate termination of their account.

Parental Consent: If you are a parent or guardian and become aware that your minor child has provided personal information without your consent, please contact us immediately. We will take steps to remove such information and terminate the minor's account.

3. Registration and Account Security

To access certain features of our services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. Where use includes ‘gifting’ a product or service to another person, a User Account may be required for the receiving party (the “recipient”).

By gifting a product or service, you agree to these Terms and Conditions on behalf of the recipient. The recipient will also be required to accept and be bound by these Terms and Conditions for continued access to the platform/delivery of the product or service.

Registration and Account Data is stored and managed as per our Privacy Policy.

4. Content, Products and Services

4.1 Distillery Directory and Guide:

Purpose: The Spirit Guide and Directory (the “guide”) provided by the Company is intended for informational purposes only, allowing users to explore and discover various distilleries, spirits, news and events.

Accuracy of Information: While we strive to maintain accurate and up-to-date information in the guide, we do not guarantee the accuracy, completeness, or timeliness of the information provided. Users are responsible for verifying the details, such as operating hours, location, and contact information and product pricing, before planning visits or making any decisions based on the directory.

Listings: The inclusion in our directory does not imply endorsement or recommendation by the Company. Listings are based on publicly available or provided information, and we do not verify the quality or safety of products, events and services offered.

Responsible and Lawful use: Users agree to use the Distillery Directory responsibly and for lawful purposes. You agree not to:

1. Use our services for any illegal or unauthorised purpose.
2. Violate any laws in your jurisdiction while using our services.
3. Interfere with or disrupt the integrity or performance of our services.
4. Attempt to gain unauthorised access to our services or its related systems.
5. Any use that violates applicable laws, infringes upon the rights of others, or disrupts the integrity of the directory is strictly prohibited.
6. Termination of Service: The Company reserves the right to modify, suspend, or discontinue the Distillery Directory or any part of it at any time, with or without notice. Users agree that the Company shall not be liable for any modification, suspension, or discontinuation of the service.

By accessing and using the Distillery Directory, users agree to abide by the terms outlined in this clause and the overall Terms and Conditions.

4.2 E-commerce Options

1. Online Shopping Cart: The Company provides online shopping cart features to facilitate the purchase of distilled spirits, subscriptions and other products and services.
2. Age Verification: Users must be of legal drinking age in their jurisdiction to make purchases through the online shopping cart. By completing a purchase, you confirm that you meet the legal drinking age requirements.
3. Product Availability: All purchases are subject to product availability. The Company reserves the right to limit the quantities of any product or discontinue products at any time without notice.
4. Order Confirmation: Upon completing a purchase, you will receive an order confirmation via email. This confirmation does not signify our acceptance of your order; it confirms that we have received it. We reserve the right to cancel or refuse any order for any reason.
5. Accepted Order: An order will be considered accepted when it is packed and dispatched from our warehouse, and a dispatch consignment note is issued.
6. Substitution: The Company reserves the right to substitute a product or service without prior notice to the user. In certain circumstances, such as unavailability of a specific product or service, unexpected demand, or other unforeseen circumstances, we may, at our discretion, replace the ordered item with a comparable alternative of equal or greater value. We strive to ensure that any substitutions align with the user's preferences and expectations. For limited release and/or unique products where a substitution would not be suitable, we will provide a refund.
7. Pricing and Payment: Prices for products are as listed in the online shopping cart and are subject to change without notice. Payment must be made at the time of the order via our accepted payment methods.
8. Shipping and Delivery: The Company will make reasonable efforts to ship orders promptly, and delivery times may vary. Shipping costs and estimated delivery times will be provided during the checkout process. You are responsible for providing accurate shipping information. We accept no responsibility for lost or undelivered product as a result of inaccurate, incomplete or incorrect shipping information. It is the Users responsibility to ensure the Shipping details are correct, prior to submitting an order
9. Returns and Refunds: Our returns and refunds policy is outlined separately. Please review this policy before making a purchase. By placing an order, you acknowledge and agree to the terms of our returns and refunds policy
10. Legal Compliance: You agree to comply with all applicable laws and regulations regarding the purchase, transportation, and delivery of alcoholic beverages in your jurisdiction. The Company is not responsible for any legal consequences resulting from your failure to comply with these laws.
11. Termination of Service: The Company reserves the right to modify, suspend, or discontinue the e-commerce options or any part of it at any time, with or without notice.

By using our ecommerce options, you agree to abide by the terms outlined in this clause and the overall Terms and Conditions.

4.3 Mailing List

1. Subscription: By opting to join our mailing list, you agree to receive periodic communications from the Company, including but not limited to newsletters, updates, and important notifications related to your account or our services
2. Automatic Opt In: Some products or services may require you to ‘Opt In’ for delivery or participation. Where applicable, by providing your email address you consent to us sending you material via email, which may include marketing material.
3. Email Address Accuracy: You are responsible for providing and maintaining an accurate and current email address. The Company is not liable for any consequences arising from the use of an outdated or incorrect email address.
4. Careful Management: It is important to carefully manage your subscription preferences to ensure that you receive communications that are relevant to you. You have the option to tailor your preferences and select the types of communications you wish to receive/not receive.
5. Unsubscribe Options: Every communication sent to you via our mailing list will include an option to unsubscribe. You may choose to opt-out of marketing communications while still remaining subscribed to important notifications. Please note that unsubscribing from all communications may result in missing critical updates or even the delivery of purchased products themselves, where the products are information products
6. Opting Back In: If you choose to unsubscribe from our mailing list entirely, you may miss out on important notifications. We encourage you to review your preferences regularly and consider opting back in to receive critical updates.
7. Notification Importance: Some communications sent via our mailing list may be critical to your use of our services, such as account-related updates, security notices, or changes to our Terms of Service. By subscribing, you acknowledge that certain communications are necessary for your continued engagement with our platform.
8. Modification of Subscription Options: The Company reserves the right to modify the types and frequency of communications sent through the mailing list. You will be given the opportunity to adjust your subscription preferences accordingly.
9. Termination of Mailing List: The Company reserves the right to terminate or suspend the mailing list at any time, with or without notice. In such cases, we will make reasonable efforts to notify users in advance.
10. Privacy: Your email address and other contact information will be handled in accordance with our Privacy Policy.
11. Contact Information Update: If your contact information changes, or if you experience any issues with your subscription, please contact our customer support team at admin@artisanspirits.com.au

By being part of our mailing list, you agree to the terms outlined in this clause and the overall Terms and Conditions.

4.4 Mobile Applications and Usage

1. Licence Grant: The Company grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use our mobile applications solely for your personal, non-commercial use on a mobile device that you own or control.
2. Updates and Upgrades: You understand and agree that we may from time to time provide updates or upgrades to the mobile applications. These updates may be necessary for the continued functionality of the applications, and you agree to promptly install such updates.
3. User Account: If the mobile app requires user registration, you agree to provide accurate and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials.
4. Access Permissions: The mobile app may request access to certain features of your device, such as location services or camera. You agree to grant the necessary permissions for the proper functioning of the app. You can manage these permissions through your device settings.
5. Prohibited Actions: You agree not to:
   1. Modify, adapt, translate, or reverse engineer the mobile applications.
   2. Use the mobile applications for any illegal or unauthorised purpose.
   3. Violate any laws or regulations in your jurisdiction while using the mobile applications.
6. Termination: The Company reserves the right to terminate or suspend your access to the mobile applications at any time, without notice, for conduct that we believe violates this Agreement or is harmful to other users, the Company, or third parties.
7. Termination of Mobile Applications: The Company reserves the right to terminate or suspend our Mobile Applications at any time, with or without notice. In such cases, we will make reasonable efforts to notify users in advance.

By downloading and using our mobile applications, you acknowledge and agree to be bound by the terms of this clause and the overall Terms and Conditions.

4.5 Subscriptions

By subscribing to our service, you agree to the following terms:

1. Subscription Period: Your subscription begins upon successful payment and continues for the duration of the selected subscription period.
2. Automatic Renewal: Unless cancelled before the end of the subscription period, your subscription will automatically renew, and the associated payment method will be charged.
3. Cancellation: You can cancel your subscription at any time through the provided platform or by contacting our customer support. Cancellation requests must be made at least 7 days before the renewal date to avoid additional charges. Where a cancellation is received less than 7 days prior to renewal, that notice will be deemed to relate to a cancellation in the following period. Early cancellation may incur additional cancellation fees and/or charges.
4. Refunds: Subscription fees are non-refundable. Refunds will not be provided for partially used subscription periods.
5. Subscription Benefits: As a subscriber, you may receive exclusive benefits, content, or services. The specifics of these benefits will be outlined during the subscription sign-up process.
6. Payment Information: You agree to provide accurate and current payment information. Failure to do so may result in the suspension or termination of your subscription.
7. Bounced Payments: Bounced or unsuccessful attempts to process subscription payments may attract additional fees. Continued bounced payments may require full payment in advance or the withdraw of the subscription service. Where a service is withdrawn, no compensation/refunds will apply.
8. Communication: We may communicate with you regarding your subscription, including renewal notices and service-related announcements.
9. Modification of Terms: We reserve the right to modify these subscription terms at any time. Subscribers will be notified of any changes, and continued use of the service after such notification constitutes acceptance of the modified terms.
10. Termination of Service: We reserve the right to terminate or suspend the subscription service at any time, with or without notice. In such cases, subscribers will be notified, and efforts will be made to provide alternatives or compensation.

By subscribing to our service/s, you acknowledge and agree to abide by these terms, any terms and conditions specific to the product or service and the general company Terms and Conditions.

If you have any questions or concerns, please contact our customer support team.

5. User Reviews and Comments

Users may have the ability to submit reviews or comments about distilleries and/products. By doing so, you agree that your submissions are truthful, lawful, and do not violate the rights of third parties. The Company reserves the right to moderate, edit, or remove any user-generated content that violates these terms.

6. Third-Party Links

Our platforms may contain links to third-party websites. These links are provided for convenience and informational purposes. The Company is not responsible for the content, accuracy, or practices of third-party websites.

7. Disclaimer of Liability

Users acknowledge that the use of the company’s platforms is at their own risk. The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the platform

8. Responsible Consumption of Alcohol

We do not endorse or promote excessive alcohol consumption or irresponsible behaviour. We provide quality, artisan spirits and encourage you to enjoy them responsibly in the spirit they have been crafted

9. Personal Accounts and Profiles

Accounts and personal portals may be amended at any time and without notice, including updates, changes and/or full deletes. These changes may result in previously saved data (such as purchase history or preferences) being corrupted or permanently removed. We recommend you maintain your own records and receipts.

10. Communications

By providing us with your email, mobile, or other communication addresses, you consent to receive communications from us. These communications may include but are not limited to newsletters, updates, promotional offers, and important notifications related to your account or our services.

You reserve the right to opt-out of non-essential marketing communications at any time by using the unsubscribe options provided in our communications. Opting out may limit your receipt of promotional offers but will not affect important service-related notifications.

Please note that even if you opt-out of marketing communications, we reserve the right to communicate with you regarding important service announcements, account-related issues, and other critical information that may impact your use of our services.

By providing your communication addresses, you acknowledge and agree to the terms of this communication consent clause. If you have any questions or concerns, please contact our customer support team.

11. Termination of Access

We reserve the right to terminate or suspend your account and access to our services at our sole discretion, without notice, for conduct that we believe violates this Agreement or is harmful to other users, the Company, or third parties, or for any other reason. No reason, notice, right of review or compensation will be provided.

12. Security

The Company employs industry-standard security measures to protect the confidentiality and integrity of your personal and payment information. However, you acknowledge that no method of transmission over the internet or electronic storage can be 100% secure. The company accepts no liability for any breach, however so caused or responsible.

13. Disclaimer of Warranties

Our services are provided "as is" and "as available" without any warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

15. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision will be severed from this Agreement, and the rest of the Agreement will remain in effect

The parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that reflects the original intent of the Agreement.

This severability clause is an integral part of this Agreement and shall survive the termination or expiration of this Agreement.

16. Intellectual Property and Copyright Protection

By using our platforms, you acknowledge and agree to respect and abide by the intellectual property and copyright protection measures outlined in this clause and the overall Terms and Conditions, including:

1. Ownership: All content, features, and functionality available on our platforms, including but not limited to text, graphics, logos, images, audio clips, and software, are the intellectual property of the Company or its licensors and are protected by intellectual property laws, including copyright and trademark laws.
2. Use of Content: Reproduction, modification, distribution, or republication, without our prior written consent, is strictly prohibited.
3. Trademarks: All trademarks, service marks, and trade names used on our platforms are the property of the Company or their respective owners. Use of these marks without our express written permission or the permission of the owner is strictly prohibited.
4. User Content: By submitting content, including but not limited to reviews, comments, or other user-generated content, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and display such content.
5. Copyright Infringement: We respect the intellectual property rights of others and expect users of our platforms to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us promptly with the necessary details.
6. Termination for Infringement: We reserve the right to terminate the accounts of users who engage in repeated copyright or intellectual property infringement.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Victoria and Australia without regard to its conflict of law principles.

18. Changes to Terms

We reserve the right to update or modify this Agreement at any time without prior notice. Your continued use of our services after any changes will constitute acceptance of such changes.

By using our platforms, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you have any questions, please contact us at admin@artisanspirits.com.au