Terms & Conditions
This website and its contents are owned or licensed by Innocent Bystander Pty. Limited (ABN 34 055 188 906) (Innocent Bystander, we, us or our).
AGREEMENT TO TERMS AND CONDITIONS
To the maximum extent permitted by law, these terms and conditions (Terms and Conditions) govern the use of this website, and the purchase of any Goods via this website. We may amend these Terms and Conditions from time to time and if any part of these Terms and Conditions is illegal or unenforceable at law, it may be severed and the remaining Terms and Conditions will continue in full force and effect.
AMENDMENTS TO THESE TERMS AND CONDITIONS
For future visits to our website and future Orders that You place with us, these Terms and Conditions may be different. We recommend that you read these Terms and Conditions carefully each time You agree to them when visiting our website or during the Ordering process. We will not change any Terms and Conditions for an existing Order that has been accepted by us; the Terms and Conditions that will apply to the Order are the Terms and Conditions that applied at the time You placed the Order.
In these Terms and Conditions:
Claim means any claim, action, proceeding, loss, damage, suit, cause of action, demand, cost, expense or liability, brought, made or recovered against a person, howsoever arising, whether:
(a) in contract, tort or otherwise; or
(b) presently ascertained, immediate, future or contingent.
Customer means any third party that purchases Goods from this website, irrespective of whether or not that third party creates a Customer Account.
Customer Account means an online record of information:
(a) created by a Customer;
(b) containing the name, street or PO Box address, email address, telephone number and other Personal Information of the Customer; and
(c) which is used to retain details of Goods purchased from this website.
Dry Area means any area declared by law or regulation, where the consumption and/or possession of alcohol is prohibited.
Goods means any of our products, including our Wine Products, purchased via this website and supplied from time to time to a Customer. GST means the tax payable on taxable supplies under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any subordinate legislation under that Act.
Intellectual Property Rights means all industrial and intellectual property rights anywhere in the world, whether registered or unregistered, including patent rights, trade mark rights, copyright (but excluding Moral Rights), plant breeders’ rights and rights in relation to inventions, trade names, business names, company names, indications of origin, designs, plant varieties, semiconductors, circuit layouts, confidential information or know-how, any right of registration, renewal and extension of such rights and all other intellectual property as defined in article 2 of the Convention Establishing the World Intellectual Property Organisation 1967.
Moral Rights means moral rights as described in Part IX of the Copyright Act 1968 (Cth) and any analogous rights arising under statute that exist, or may come to exist, anywhere in the world.
Order means an Order for Goods placed with Innocent Bystander by the Customer.
Personal Information means information or an opinion about an identified individual, or information from which an individual could reasonably be identified. This is regardless of whether the information or opinion is true, and whether or not it is stored in a material or intangible electronic form.
Wine Products means all of Innocent Bystanders’ wine and other alcoholic beverage products purchased via this website and supplied from time to time to a Customer.
You means any of a Customer or other third party that accesses our website or attends our events, as the context requires and Your has a corresponding meaning.
USE OF THIS WEBSITE
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 $18,000]
- For a person under the age of 18 years to purchase or receive liquor [Penalty exceeds $700]
You may only use this website if You are aged 18 years or over, or otherwise over the legal drinking age in Your country of residence. Please immediately exit this website if You do not meet these requirements.
PURCHASE OF GOODS FROM OUR WEBSITE
You agree that:
(a) if You place an order for Goods on our website, You have the legal capacity to enter into, and enter into, a contract with Innocent Bystander for the supply of those Goods. Each accepted order is a separate contract;
(b) Innocent Bystander can accept or reject an Order for reasons which include, but are not limited to, unavailability of Goods, an error in the pricing, description or image of the Goods, or an error in Your Order;
(c) all information and data You provide when Ordering must be accurate, complete and up to date, and You will promptly notify us of any changes to this information or data;
(d) all prices quoted for the Goods are displayed in Australian Dollars (AUD) and are inclusive of GST. Your freight and handling charges will be calculated and added to the purchase price before You are asked to place Your Order;
(e) once You have placed Your order, You may make payment by any of Alipay, American Express, Paypal, Mastercard, Visa or any other payment method we advise from time to time. Innocent Bystander will send You an electronic tax invoice / receipt via email to Your nominated email address when Your payment has been processed. Please note that by using the payment facilities provided by those third parties, You may be subject to additional terms, conditions, fees and charges imposed by those third parties;
(f) the payment system on this website uses industry standard encryption technology to encrypt and protect your credit card details.;
(g) whilst Innocent Bystander accepts Orders online, it only delivers to mainland Australia and Tasmania (but excluding Dry Areas in the case of our Wine Products, areas outside of Australia Post’s / our couriers’ delivery network and any other locations in which it is not licensed to supply its Goods), unless prior arrangements have been agreed in writing with Innocent Bystander for overseas delivery;
(h) Innocent Bystander will deliver Your Goods after it has processed Your payment. Delivery to Australian capital cities and metropolitan areas is within approximately 3 to 10 business days. Delivery times to country areas varies, so please contact Innocent Bystander for an approximate timing for delivery before placing Your Order;
(i) Innocent Bystander will use its best endeavours to ensure that Goods are available for delivery, and in most cases will notify You if Goods are unavailable before You place Your Order. In some cases this will not be possible and it will need to reject an Order for Goods after it has processed Your payment, for example, unavailability of Goods, an error in the pricing, description or image of the Goods, or an error in Your Order. In these cases, Innocent Bystander will refund You in full all amounts You have paid for the unavailable Goods; and
(j) once the Goods have been delivered to the nominated delivery address, You assume all risk and title in the Goods (including the risks associated with storing the Goods). If Goods are returned to us and You have been refunded any payment, You agree that title in the Goods will immediately revert back to us.
Additional requirements for Orders for Wine Products
We support the responsible service of alcohol and You may only purchase Wine Products from us if You are aged 18 years or over.
Wine Products will be despatched by Innocent Bystander under Victorian Liquor Licence No. 31953002.
In addition to the above Terms and Conditions, when purchasing our Wine Products You acknowledge and agree that:
(k) pricing of our Wine Products is also subject to compliance with the Northern Territory minimum unit pricing legislation, which may change the final price calculation for Your Order and may affect the Wine Products available for purchase within the Northern Territory; and
(l) both You and the person(s) receiving a delivery of Wine Products purchased from our website are aged 18 years or over. Innocent Bystander will not deliver any Wine Products to persons who cannot provide satisfactory evidence that they are aged 18 years or over.
YOUR CUSTOMER ACCOUNT
When purchasing Goods via this website, You will have the option of opening a Customer Account with us.
To register an account, You must:
(a) be aged 18 years or over and have the capacity to enter into a binding legal agreement to register an account with us;
(c) create a password and username at the time that You register an account with us. You are responsible for maintaining the security of Your username and password. If You suspect that Your account has been subject to unauthorised access, You must contact us immediately and take reasonable steps to secure Your account, such as changing Your password. We are not liable for any Claims howsoever arising as a result of the unauthorised use of Your password or username.
We reserve the right to terminate or suspend Your account in the event that you breach these Terms and Conditions.
PROMOTIONS AND CLEARANCES
All specials, promotions, clearances, offers and discounted items or Goods advertised on our website are available only while stocks last unless otherwise advertised. We may impose limits on the number of Goods which can be purchased in any single Order, during a promotion or other special clearance.
YOUR PERSONAL INFORMATION AND PRIVACY
By supplying us with Personal Information through this website, You accept the inherent security risk of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law or been negligent or in wilful default of our duties to You.
OUR INTELLECTUAL PROPERTY RIGHTS
Unless expressly stated otherwise, we own or are licensed to use all Intellectual Property Rights in the content appearing on this website. You may only use that content with our express written consent or as permitted under applicable Australian and international laws. If we allow You to use any of the content appearing on this website, our status as the owner or licensee of the Intellectual Property Rights in that content must be publicly acknowledged in writing, as we may direct.
We do not own or license, and we take no responsibility for trade marks, logos, design and copyright material appearing in:
(a) any third party websites which may be accessible from links displayed on our website; or
(b) content that You provide to us.
CONTENT WE PROVIDE
Unless stated otherwise, we grant to You a personal, non-transferable, revocable and non-exclusive licence to use any files that we expressly state are available for download on this website, for Your own personal use. You must not copy, communicate to the public, modify, reverse engineer, or otherwise transfer any right in those files.
We cannot guarantee that information (including any file) obtained from this website is free from computer viruses, other faults or defects. It is Your responsibility to scan the information for computer viruses and You assume the risk of any damage to Your computer and associated equipment arising out of the or use of this website or the downloading of any files from it.
CONTENT YOU PROVIDE
You are fully responsible for any content (including any testimonials, comments, suggestions, graphics or other material) that You provide to us for display on the website. By providing content to us, You grant us a licence to use that content without payment or reference to You, for purposes which include advertising or marketing our own business and services.
You agree that You will not use this website to post or display content that:
(a) You do not have the right to post or display;
violates the Intellectual Property Rights, confidentiality, privacy or other rights of any person or entity;
(c) violates consumer protection or fair trading laws;
(d) is offensive, abusive, defamatory, discriminatory, false or misleading;
(e) comprises advertising or promotional materials of any kind; or
(f) contains software viruses or anything harmful to this website or to the computers, mobile devices or associated equipment of other users of this website.
We reserve the right to edit or remove any of Your content at any time, without providing any reasons.
LINKS TO EXTERNAL WEBSITES
Our website may contain links to websites or advertisements of goods and services available from third parties. We are not responsible for the content of those websites or advertisements, or any goods or services made available on them. Unless expressly stated otherwise, we are in no way endorsing, sponsoring or suggesting an affiliation with that party or their goods or services.
All tickets to events held at our venues or events organised by us, are subject to the following terms and conditions (unless expressly stated otherwise):
(a) all of our events are completely licensed, so strictly no alcohol is to be brought on site by patrons. Identification will be required to purchase alcohol;
(b) You agree to act in a responsible manner and to comply with the directions of our staff and our authorised representatives at all times;
(c) persons who are unduly intoxicated at our events will not be served alcohol. Innocent Bystander reserves the right to refuse to allow You to enter an event and may require You to leave an event if you appear intoxicated or behave in an inappropriate manner;
(d) tickets may not:
- be offered for re-sale; or
- be resold for a premium or used for promotional or other commercial purposes;
without our express written consent. Any breach of this requirement may result in your ticket being cancelled;
(e) to the maximum extent permitted by law, You remain solely responsible for any loss, theft or damage to any personal property that You bring to our events.
(f) By attending an event, You acknowledge and consent to:
- being photographed, or otherwise having Your image or likeness (Image) recorded by us and any of our nominated agents, contractors or representatives;
- Your Image being broadcast (including on social media websites), published, reproduced, modified or otherwise used in any medium, without any fee, compensation or prior consultation. If Your Image is modified, it will not be modified in a derogatory manner; and
- Your Image being used for purposes which include artistic expression, the promotion or marketing of our business and any other commercial purposes.
When You purchase tickets from a third party to attend an event at one of our venues, Your purchase of that ticket will be subject to that third party’s terms and conditions. You should satisfy yourself that those terms and conditions are acceptable to You, before purchasing the ticket.
We maintain a presence on Google Plus, Instagram, Twitter, Facebook, Pinterest and Youtube but are not endorsed by, or affiliated with, those organisations (Social Media Accounts). We reserve the right to remove any material that is posted on the pages of our Social Media Accounts that:
(a) is abusive, defamatory, offensive or threatening towards us, our employees or any other person or organisation;
(b) breaches the terms and conditions of any of the providers of the Social Media Accounts;
(c) constitutes spruiking or other advertising, unless written consent has been obtained from us to post such material; or
(d) relates to any illegal activity.
Please note that You will be subject to, and agree to comply with, the respective terms and conditions imposed by Google Plus, Instagram, Twitter, Facebook, Pinterest and Youtube whilst You are visiting any of our Social Media Accounts.
WARRANTY AGAINST DEFECTS
From time to time, Innocent Bystander may offer You warranties against defects or breakages in its Goods. Please note that those warranties (if any) will be in addition to any statutory guarantees to which You may be entitled under the Australian Consumer Law, if you are a consumer. Specifically:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and 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.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, including the Australian Consumer Law:
(a) we provide this website on an “as is” basis. We may suspend access to our website or close it indefinitely without notice and You accept the inherent security and reliability risks of dealings on the internet;
(b) we are not liable for loss of revenue, loss of actual or anticipated profits, loss of business or indirect and consequential losses;
(c) we are not liable for a breach of our obligations under these Terms and Conditions which has resulted from causes beyond our reasonable control. Those causes include extreme weather conditions, industrial strikes and failure of equipment or machinery, including failure of the internet; and
(d) subject to the Australian Consumer Law (and without excluding any mandatory statutory guarantees contained within the Australian Consumer Law or other statutory rights which cannot be excluded by contract) all conditions, warranties and implied terms are excluded from these Terms and Conditions. To the extent that we breach these Terms and Conditions and it is legally permissible to do so, our liability is limited to:
- replacement of the Goods or services supplied or supply of equivalent Goods or services;
- payment of the cost of replacing the Goods or acquiring equivalent Goods;
- supply of the services again; or
- payment of the cost of having the services supplied again.
We will take all reasonable steps to ensure that this website is accurate, but make no representation as to the appropriateness of it for Your personal circumstances.
The laws of Victoria, Australia, govern these Terms and Conditions and the courts of Victoria have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms and Conditions.