DRINKS NETWORK GENERAL TERMS OF USE
By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
1.1 This website at www.drinksnetwork.com.au (the “Site” or the “School”) and Drinks Network (D2) branded programs and events are owned by Drink Australia Pty Ltd. This Site is primarily an education and hospitality industry community focused website which features articles, information and education on alcoholic beverages, items of interest to bartenders and may feature products and services promoting brand partners.
1.2 Please read these terms and conditions before accessing or using this Site or any Drinks Network associated programs.
1.3 If you are under 18 years of age in Australia or below legal drinking age in your country of origin you must legally leave this site immediately. This site is restricted to the use of adults of legal drinking age and adheres to all liquor licensing laws of Australia.
1.4 Your access to and use of the Site, including your participation in related D2 events or educational classes, is subject to these terms and conditions.
2. YOUR AGREEMENT TO THE TERMS AND CONDITIONS
2.1 By accessing and using the Site, including participating in any D2 associated program, competition or event, you agree that you will be subject to and will comply with these terms and conditions, including the website Privacy Policy.
2.2 By registering on the Site or creating a user account on the site, you agree that you have read and understood these conditions and will be subject to and will comply with them, including the website Privacy Policy.
2.3 By accessing and using the Site and pressing “Yes” that you are over legal drinking age on the Site age gate, you are stating that you are of legal age to view the Site contents. Assisting a minor to access the Site or to access the Site past the Age Gate with falsified information may be a criminal offence.
2.4 If you do not agree to these Terms and Conditions you should leave the Site immediately and refrain from participating in any associated activities. Your continuation of use of the Site or participation in Drinks Network (D2) associated programs will be seen as an acceptance of these Terms and Conditions.
3. REGISTRATION / USER ACCOUNT
3.1 You must complete a user account registration/sign up or enrol process to receive access to most sections of the Site. Any personal information that you give us will be held and used by us in accordance with our privacy policy.
3.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site or by contacting Drink Australia Pty Ltd on the contact details at the bottom of this document.
3.3 If you choose to create an account representing the interests or name sake of your workplace, employer or venue or use a workplace associated email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of that name sake or email address and your workplace facilities.
4. EVENT BOOKING ORDER / REGISTRATION TO PARTICIPATE IN AN ACTIVITY OR EVENT
4.1 You may make an event booking or register to participate in an D2 activity, training or event through the Site in accordance with these terms and conditions.
4.2 Any event booking order or registration to participate in an activity or event placed through this Site is an offer by you to participate in the event or activity for the price notified (if there is a cost is associated with the booking order, activity or event) and under the notified conditions (terms and conditions) of the activity or event at the time you place your order/registration.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders or registrations placed through the Site.
4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5. ACCEPTANCE OR REJECTION OF AN EVENT BOOKING ORDER/ REGISTRATION TO PARTICIPATE IN AN ACTIVITY, EVENT OR COMPETITION
5.1 We reserve the right to accept or reject your Event Booking Order or Registration to participate in an activity, event or competition for any reason, including if there are insufficient available places to accommodate your booking, you do not meet the application/registration/terms and conditions of entry for an individual activity/event/competition, your participation in the activity would be a breach of any licencing law or for any other reason.
5.2 Each order or registration to participate for an event, activity or competition placed through the Site that we accept results in a separate binding agreement between you and us for that event, activity or competition based on the terms and conditions for the Site and that activity. For each order or registration accepted by us, we will supply the activity to you in accordance with these terms and conditions.
5.3 If we reject a booking order or registration through the Site, then we will endeavour to notify you of that rejection within a reasonable time after you submit your booking order/registration application.
6. VARIATION OF DETAILS OR SUPPLY OR CANCELLATION OF AN EVENT, ACTIVITY OR COMPETITION
6.1 We reserve the right to make changes to the details, location, time, date, supply or cancel an activity, event or competition at any time, for any reason, including if there are unforeseen circumstances leading to the presenter/host for the event being unavailable, insufficient interest or bookings in the activity to make proceeding with it viable, issues with the host venue location becoming unavailable, interference with a competition that require it be reviewed or any other reason.
6.2 In the circumstances that an event, activity or competition is cancelled, we take no liability for any costs or inconvenience caused to your person or your workplace for the cancellation or change of details of this event.
6.3 In the circumstance that the altered event or activity had a ticket cost associated with the booking at the time of registration, the Site will endeavour to refund the price of the tickets to the payer within a reasonable time after you have notified us that the change in details means you can no longer attend or participate or within a reasonable time after we have cancelled the event.
6.4 The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
7. REFUND OF TICKET OR BOOKING COSTS ASSOCIATED WITH AN EVENT, ACTIVITY OR COMPETITION.
7.1 Should you become unable to participate or attend an event or booking that you made through the Site or do not show up on the day to your booking which had a ticket or reservation cost associated with the booking at the time of registration we reserve the right to deny a refund of your booking/registration cost should your booking or its cancellation have costed the Site or its partners any financial loss or cost. An example of this would be in the circumstance where your booking caused the inability to sell on that seat ticket to another participant or when catering costs are associated with the activity.
7.2 Should you need to cancel your booking due to the Site changing the details of the event, refunds of ticket costs will be at the Sites discretion. All reasonable claims for a refund of ticket or booking costs under those circumstances will be considered and to submit a claim you should contact [email protected] . In these circumstances you should put your application for a refund in writing for our administration team to follow up and we will endeavour to reply and follow up on your request within a reasonable time frame after receiving your written request.
8. RESTRICTED PRODUCTS
8.1 As a Site with alcohol and drinking themes and associated products, we strictly adhere to the licensing laws of Australia and promote the responsible service of alcohol.
8.2You:
a) Acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and
b) Warrant that you are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years.
8.3 If you are under 18 years of age, you may not use the site to obtain alcohol or alcohol related products or services and should leave the Site immediately.
8.4 If you are the receiver of a prize or gift from a promotion or competition of the Site that includes the delivery of an alcoholic product, delivery will not be made to a delivery address where a minor is to accept or receive the delivery. To confirm the identity and age of the person receiving the delivery legal photo ID may be required by the delivery person, if identification cannot be produced to prove that they can legally receive the package or delivery, we reserve the right to not make the delivery/drop off.
8.5 If you are the receiver of a prize or gift from a promotion or competition of the Site that includes the delivery of an alcoholic product, delivery will not be made to a delivery address where an intoxicated person is to accept or receive the delivery, in this circumstance we reserve the right to not make the delivery/drop off.
8.6 If you need to make new delivery arrangements due to your alcoholic product or gift delivery not being delivered due to a lack of ID being provided, or a minor or an intoxicated person trying to receive the delivery, you should contact [email protected] to make new delivery drop off arrangements. In this instance we may require to charge you a delivery fee for the replacement delivery costs incurred to the business, if this is the case we will advise you of the charges and wait for your approval and confirmation before booking the new delivery details or invoicing for any delivery fee payment.
9. PURCHASING BRANDS REPRESENTED OR DISCUSSED ON THE SITE
9.1 The D2 Site is primarily an education and drinks industry resource focused website rather than a shopping service. If you are interested in making arrangements or enquires on where or how to purchase a product that you have seen represented on the D2 site, you should contact Drink Australia Pty Ltd who can direct you to your local Sales Representative. The Drink Australia website address is www.drinksnetwork.com.au
9.2 We make no guarantees that products displayed or represented on the Site will be available for purchase.
9.3 Purchasing Brands or the Products of the Brand Partners of the Site or other products advertised on the Site is done so at your own risk. D2 and Drink Australia Pty Ltd have no control over external companies, their ordering/delivery process or the security of your information that you provide these external business.
9.4 Purchasing Brands or the Products of Brand Partners of the Site or other products advertised on the Site that you make through clicking on an advertisement link that took you to an external Site is done so at your own risk. We have no control over external websites not operated by D2 or Drink Australia and make no guarantees on their behalf. Please read the Privacy Policy and Terms & Conditions of that business to inform yourself of their services and how your information might be used.
9.5 The D2 Site has a high number of user generated contents including comments, recipes, articles and reviews. The opinions expressed or reviews in these user generated items of content that involve a product are the opinion of the user who wrote the content only and do not represent the views or opinions of D2 or Drink Australia Pty Ltd. Drink Australia Pty Ltd will not be liable for any loss or damage caused by your purchase of a product reviewed or represented in the content of a user generated opinion piece.
9.6 The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
10. ADVERTISING OR PROMOTING PRODUCTS ON THE SITE
10.1 The Site and its administration reserve the right to delete or alter any material uploaded to the Site that is deemed as unwanted or inappropriate advertising or promotion of another service or product. The grounds for what is considered unwanted or inappropriate are at the complete discretion of D2 and Drink Australia Pty Ltd and we do not require to advise you or provide any warning.
10.2 If you have a concern that there is an advertisement or promotion on the Site that you feel is inappropriate, sexist, racist, offensive in any way or a conflict of interest to the Drinks Network community, you should contact the Site administration team in writing with your concern on [email protected]
10.3 “Spamming” or overloading the Site with multiple advertising or promotional messages that are not approved by the Site administration or are not advertisements or promotions being run by D2 or one of its Brand Partners may lead to deletion of the posts/uploads and possible further action as deemed appropriate by Drink Australia Pty Ltd including but not limited to blocking or banning your access to the Site or taking legal actions against you to the full extent of the law.
10.4 If you are interested in advertising or promoting your product on the Site or becoming an approved Brand Partner you should contact [email protected] and submit your enquiry in writing for the follow up of the Site administration and management team. We will endeavour to reply to your enquiry within a reasonable length of time. Writing or making an enquiry about advertising opportunities is not a guarantee that they will be approved and should not be seen in any way as permission to advertise or promote your product on the Site.
11. FRAUD AND RISK ASSESSMENT
11.1 We have processes in place to assist in detecting transactions or use of the Site that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your information and details. If we are unable to confirm these details or suspect that you may be utilising the Site in an illegal way or in any way in breach of these terms, we may cancel your involvement in any D2 associated program and/or freeze or block your access to the Site. If you are unsure whether the person contacting you is from D2 or Drink Australia Pty Ltd, please contact our team on Phone + 61 418 118 639 or [email protected]
11.2 Most of the services, events and education provided through the D2 Site are free, there are very limited occasions where an event or registration into a D2 activity or competition will incur a ticket or booking fee and in these rare instances there will be a full notification of the ticket/booking cost on the event details page. If someone is contacting you asking for money or credit card details that claim to represent D2 or Drink Australia Pty Ltd and you have any doubt that it is a legitimate charge or that they actually represent the Site, you should immediately contact [email protected] so that your concern can be addressed.
11.3 Attempts to misrepresent D2, Drink Australia or the Site or falsely present yourself as a representative of the Site or mislead users that you are an employee of Drink Australia Pty Ltd is a breach of these terms and conditions and we reserve the right to block access to the Site as we deem required, seek to recover any financial damages or losses caused by your misrepresentation or pursue legal action to the full extent of the law.
11.4 If we suspect any fraudulent or illegal activity or use of the Site or its associated programs we reserve the right to report the activity to legal authorities and assist them in their inquiries. For more information on this topic you should read our Privacy Policy.
11.5 In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorised of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
11.6 Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1 modify or copy the materials;
2 use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3 attempt to decompile or reverse engineer any software contained on the School’s web site;
4 remove any copyright or other proprietary notations from the materials; or
5 transfer the materials to another person or 'mirror' the materials on any other server.
2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
12. YOUR GENERAL OBLIGATIONS
You:
a) Must ensure that your LoginID and password that is used to access the Site and the details of your account or any other sensitive information (such as the answers to your account recovery questions) are kept in a safe and secure manner;
b) Must notify us through Drink Australia Pty Ltd on phone +61 418 118 639 during business hours or [email protected] if you are concerned or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
c) Must promptly advise us of any changes to your information provided to us as part of the user registration process;
d) Must provide us with your correct date of birth to verify your age to comply with the licensing laws of Australia.
e) Are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
f) Are responsible and liable for any person that uses your LoginID and password through the Site;
g) Agree that we may charge you for any bookings or ticket reservation costs for ticketed (cost) events or products that we agree to supply to you that have been ordered using your LoginID and password through the Site.
13. GENERAL RESTRICTIONS
You must not:
a) Use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
b) Use the Site in a manner or way, or post to or transmit to or via the Site any material which interferes with other users, or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
c) Use the Site in a manner or way, or post to or transmit any material or communication via the Site which is discriminatory, racist, sexist or promotes these ideas or is deemed in any way offensive or inappropriate;
d) Use the Site in a manner or way, or post to or transmit any material or communication via the Site that promotes the irresponsible service of alcohol or breaches any relevant law;
e) Use the Site in a manner or way, or post to or transmit any material or communication via the Site that is harmful to the D2 community or bartending or liquor industry or could be reasonably seen to be harmful, damaging or against the interests of those communities;
f) Make fraudulent or speculative enquiries, purchases or requests through the Site;
g) Use another person’s details without their permission or impersonate another person when using the Site;
h) Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
i) Tamper with or hinder the operation of the Site;
j) Knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the Site;
k) Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
l) Modify, adapt, translate or reverse engineer any portion of the Site;
m) Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
n) Breach any copyright law or the copyrights of D2 or any other persons or upload any materials or intellectual property of others to the Site without the owner of that materials permission;
o) Reformat or frame any portion of the web pages that are part of the Site;
p) Create accounts by automated means or under false or fraudulent pretences;
q) Use the Site to violate the security of any computer or other network or engage in illegal conduct;
r) Take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
s) Use the Site other than in accordance with these terms and conditions; or
t) Attempt any of the above acts or engage or permit another person to do any of the above acts.
14. SUSPENSION OF SITE USER ACCOUNT
14.1 We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.
14.2 In the situation that we have refused a service, terminated an account and/or removed or edited content or intend on doing so due to a breach of these terms and conditions or our Privacy Policy, we do not require to provide you with any notification of this action and do not require your permission to act upon those administrative tasks.
15. WARRANTIES
You warrant that:
a) All information and data provided by you to us through the Site (including as part of the user account registration process) or otherwise is true, accurate, complete and up to date;
b) The person receiving Products or D2 gifts or Prizes at the Delivery Address or collecting the Products/gifts/prizes on your behalf is authorised by you to do so; and
c) You have and will comply with all relevant laws relating to your use of the Site and your placement of any registration or order for services or product to us.
16. LIABILITY
16.1You acknowledge that:
a) The Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
b) We will not be liable to you for indirect and consequential loss arising from or connected to this agreement 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).
c) The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
d) The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
17. TERMINATION
17.1We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your user account if you breach these terms and conditions and:
a) The breach cannot be remedied; or
b) You fail to remedy the breach within a reasonable timeframe of our notice to you of that breach; or
c) If there is an emergency; or
d) If the breach is considered too offensive or harmful in nature (as deemed by us) to not take immediate action to protect the interests of the Site or the Sites user community.
17.2 You may stop using the Site at any time and for any reason.
17.3 We may stop making the Site (or any part of it) available without prior notice. If so, any requests for services or event registration or competition entry that we have accepted will not be affected by this unless those services or activities are no longer available or we are prevented from supplying them, in which case, we will notify you and if a ticket/registration cost was paid by you for that service or event we will refund to you all valid payments received by us for those cancelled services.
18. PRIVACY POLICY
18.1 Our privacy policy is available on the Drinks Network website and forms part of these terms and conditions. You acknowledge and agree to our privacy policy.
19. INTELLECTUAL PROPERTY RIGHTS
19.1You:
a) Acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
b) Must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
c) Must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
19.2You may:
a) Store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
b) Print hard copies of the content and Materials for the sole purpose of viewing educational materials but not for any other use, including commercial use.
19.3 This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including other Site users or the brands we represent) without obtaining the relevant third party owner’s consent.
20. CHANGES TO THESE TERMS AND CONDITIONS
20.1 We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. We recommend that you read these terms carefully and check for changes or updates on a regular basis.
21. GENERAL
21.1 The Site may contain links to external websites that are not operated by use or our related bodies corporate.
These links are provided for your convenience only and you agree that:
a) We make no representations or warranties, or have any responsibility or liability for those websites; and
b) These links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
c) You agree that you access and use the products and services made available at those sites solely at your own risk.
21.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
21.3 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
21.4 D2, DRINKS NETWORK and Drink Australia Pty Ltd attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers or represented brands, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
22. DEFINITIONS
Capitalised terms used are defined in these terms and conditions. In these terms:
Site or the Site, means this website at www.drinksnetwork.com.au and includes Drinks Network (D2) branded programs and events.
D2 means Drinks Network.
Delivery Address means the address specified by you during the user registration process for postal items or as specified by you for delivery of gifts or products that we will supply to you under these terms and conditions.
LoginID means the user name and the email address that you provided to us as part of the registration process to use the Site.
Brand Partner or Brand Partners means a company, product or organisation that may be externally run or owned by others that we have a collaborative or friendly relationship with or are possibly engaged or have been previously engaged in a business agreement or contract with.
Order or Registration means any order or reservation for a Product or service or event submitted using the Site.
Product means each good or service that is advertised on the Site.
Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects.
23. CONTACT DETAILS
Contact details can be found on the D2 Site on the “Contact Us” page.
For Site administration, privacy or legal concerns, or requests or questions relating to these Terms and Conditions, please contact [email protected]
For general enquiries and questions please email [email protected]
For more information on or to contact Drink Australia Pty Ltd directly, please contact the details provided on their website www.drinkaustralia.com.au