The Pour Company supports the Responsible Service of Alcohol. It is an offense for a person under the age of 18 years of age to falsely represent themselves to be of, or over 18 years of age. We reserve the right to refuse to enter into the Agreement or accept an Order or Purchase to serve, sell or supply Products to any person we suspect to be under 18 years of age, or who is unable to satisfy us that they are 18 years of age or over, or who we reasonably suspect is going to supply alcohol to a person under 18 years of age. By registering an account with us, you acknowledge and agree that you understand the prohibition on the sale and supply of liquor to minors and you confirm that you are at least 18 years of age.This terms of Service Agreement (this "Agreement") is an agreement between you (whom we refer to as "you", "your" or the "Customer" in this Agreement) and Famiry Business Pty Ltd trading as The Pour Company pursuant to Liquor Licence No's 36151794 (we refer to ourselves as "The Pour Company", "we" or "us" or "our" in this Agreement).We are authorised pursuant to Limited Liquor Licence No 36151794 to operate this Website.
1.1 Please read this Agreement carefully. In purchasing any Products by using the Sites or by using any services made available through them or by transacting through or on them, you are agreeing to the terms and conditions of this Agreement.
1.2 We may change this Agreement at any time without notice. The most current version of this Agreement will be published on the Sites. Use of the Sites or purchase of any Products or Services after a change has been made to the Agreement and after you have been made aware of the change will be deemed an acceptance of the change.
1.3 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.1.1 "Acceptable ID" means Australian driver licence, Victorian learner permit, Proof of age card, Keypass card, Australian or foreign passport. No other form of identification will be accepted.
2.1.2 "Delivery Fee" means the delivery fee for delivering the Products.
2.1.3 "Delivery Hours" means the delivery hours endorsed on Limited License no. 36151794.
2.1.5 "Minor" means a person younger than 18 years of age.
2.1.6 "Order" means a commitment by you to purchase the Products when you click the button to place your order.
2.1.7 "Order Price" means the total of the Product Price and Delivery Fee of the Products that you wish to purchase.
2.1.8 "Product Price" means the price charged for the Products.
2.1.9 "Products" means the alcohol and other beverages items and the delivery services provided by us available on the Sites.
2.1.10 "Purchase" means the Order that we have accepted.
2.1.11 "Register" means create an account on the Sites.
2.1.12 "Service" means all or any of the services provided via the Sites (or via other electronic or other communication) including the information services, content and transaction capabilities on the Sites (including the ability by you to Order and Purchase).
2.1.14 "Website" means www.thepourcompany.com.au
3.1 Minimum Age: You must be at least 18 years of age to use the Sites, the Service and to make any Order and Purchase. Please refer to the 'IMPORTANT NOTICE' above.
3.2 Responsible serving of alcohol: The Products are supplied and delivered to you directly by us However, we reserve the right to decline or cancel any Order and Purchase by you if we reasonably believe that such Order or Purchase is or may be in breach of the applicable laws and regulations in relation to the sale and supply of alcohol.
3.3 Prevention on use: We reserve the right to prevent you using the Sites and the Service (or any part of them) and to prevent you from making any Order and Purchase.
3.4 Equipment: The use of the Site and the Service do not include the provision of a computer or other necessary equipment to access the Sites or the Service. To use the Sites or Service, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur as a result of using or accessing the Sites or Service.
3.6 Passwords: Once you finish Registration, you must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your account or any breach of security known to you. You may never use another person's account or allow any other person to use your account. You are solely responsible for the activity that occurs on your account and you must keep your password secure.
3.7 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Australian user pretends to be a user, or disrupts the Sites or the Service in any way or if we believe that the user is a Minor.
4.1 We are the operator of the Site and we facilitate the order, sale and purchase and delivery of alcohol beverages to you.
5.1 Requirements: You may only place an Order if you meet the following requirements:
5.1.1 You are not a Minor;
5.1.2 You are not Purchasing on behalf of, or with the intention to supply to, a Minor;
5.1.3 Your total Order Price exceeds the minimum order requirement set by us;
5.1.4 The nominated place of delivery of the Products is within the area we deliver to;
5.1.5 The nominated delivery time of the Products is within the Delivery Hours;
5.1.6 You agree to make payment to us for the Order Price, comprising of the Product Price and Delivery Fee;
5.1.7 You agree that the Delivery Fee is non-refundable in any circumstances subject to clause 7;
5.1.8 You agree and acknowledge that we abide by the Responsible Service of Alcohol regulations and we have the right to enforce such regulations.
5.2 Order: When you click the "place order" button, you make a commitment to purchase the Products at the Order Price ("Order"), we will email you, as soon as reasonably possible during Delivery Hours or if outside Delivery Hours then as soon as reasonably possible during the next Delivery Hours:
5.2.1 if we accept your order whereupon the purchase is completed; or
5.2.2 if we decline or is unable to accept your Order.
5.3 Should your selection not be available, we will make all reasonable efforts to contact you to offer a suitable substitution. Should you not be contactable, we reserve the right to substitute the selected product(s) to the closest equivalent product(s).
5.4 Payment: We will take payment of the Order Price once your Purchase is complete.
5.4.1 Charge backs and disputes: We shall be liable and responsible for dealing with any charge backs or disputes. Please contact us in relation to any disputes.
5.5.1 We will use our reasonable endeavours to deliver the Products to you by the time and date selected by you and otherwise in accordance with the delivery hours permitted by and endorsed on Limited Liquor Licence no. 36151794.
5.5.2 We must comply with its obligations under its Liquor Licence when delivering the Products. It is therefore your obligation to ensure that, you or an authorised representative who is at least 18 years of age,: (a) is present at the nominated place of delivery to accept delivery of the Products; (b) can produce an Acceptable ID at the time of delivery. The Products will not be delivered to you or a person authorised to act on your behalf unless Acceptable ID can be produced to us at the time of the delivery. (c) sign the electronic delivery docket confirming acceptance of the Products. You should check the Products against the electronic delivery docket prior to signing the delivery docket. The delivery docket shall be deemed conclusive evidence of acceptance of the Products.
5.5.3 We reserve the right to refuse to deliver the Products for any reason whatsoever and including but not limited to refusing delivery to a person/s who we reasonably believe are intoxicated, drunk or disorderly, refusing delivery to specific buildings for access or safety reasons, or refusing delivery because we reasonably believe that the Products will, may or are likely to be supplied to persons under 18 years of age following delivery.
5.5.4 In the event that we are unable to deliver the Products or complete the Order as a result of your failure to comply with this Clause 5.5 or to complete the delivery will or may cause us to contravene the conditions of the Limited Licence no. 36151794 or the relevant legislation or regulations relating to the sale and supply of alcohol, we will immediately discontinue the delivery and return the Products to the store.
5.5.5 We will use our reasonable endeavours to complete the delivery in one attempt, however we reserve the right to complete the delivery in more than one attempt depending on the size of the order.
5.5.6 We will wait up to 5 minutes at the nominated place of delivery. If you or your authorised representatives are not present within 5 minutes to accept delivery of the Products, we shall return the Products.
5.5.7 In the event of unsuccessful delivery pursuant to clauses 5.5.4 or 5.5.6, the Order shall be deemed cancelled and the Order Price less Delivery Fee and less Restocking Fee will be refunded to you within 24 hours of the delivery date.
5.6 This Agreement applies: By making an Order, you acknowledge that the Order and the Purchase is made subject to this Agreement.
5.9 Goods and Services Tax: The Order Price for the Products is inclusive of any GST.
5.10 Legal title to the Products will transfer to you (i.e. the Products will become your personal property) when the Products are delivered to the nominated place of delivery.
If you need to cancel the Order or Purchase, please email us immediately. Cancelled Orders and Purchases may be subject to a Restocking Fee being charged.
7.1 As part of our standard terms of service, we will ensure that all products provided meet Consumer Guarantees as defined by Australian Consumer Law.
7.2 You agree that you cannot change or cancel an order once payment has been confirmed.
7.3 If you are unsatisfied with the products provided or if the products provided are not as advertised and or a major problem is identified with the product, please contact our us to find out more about our refunds & returns policies.
8.1 We do not represent or warrant that:
8.1.1 any content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the Product Price, Delivery Fee, the Delivery Hours, the Product description and the Product availability. Such information is subject to change without notice.
8.1.2 your use of the Service or the Sites will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Sites will be transmitted accurately, reliably, in a timely manner or at all.
8.1.3 the Service or the Sites is free from viruses or anything else which may have a harmful effect on any technology.
8.2 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of same.
9.1 If you use the Sites or Service in contravention of this Agreement, we may suspend your use of the Service and/or Sites (in whole or in part).
9.2 We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.
9.3 Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
You shall indemnify and hold us (and our Related Body Corporate (as defined in the Corporations Act 2001 (Cth)), directors, officers, employees, agents, licensors and the contractors) harmless against any claim, action, demand, loss or damages made or incurred by us arising from the use of the Sites by you or any breach of this Agreement by you including but not limited to delays in delivery, inaccurate description of Products, and such other matters which are outside of our control.
11.1 We exclude, in so far as it is legally possible all liability and responsibility for damages including, but not limited to, indirect or consequential damages, or any damages whatsoever arising from:
11.1.1 the accuracy, completeness, fitness for purpose or legality of any Product or information accessed using the Service or Sites or otherwise; and
11.1.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
11.1.3 your use of any information or materials on the Sites (which is entirely at your own risk and it is your responsibility); and
11.1.4 the supply, delivery, use and consumption of the Products.
11.2 This waiver extends to all claims regardless of whether such damages are reasonably foreseeable or known to us. Our liability for loss or damage or claim shall not exceed $10.00.
Where the Sites contains advertisements or links to third party sites or resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Other Sites linked to the Sites, you do so entirely at your own risk.
14.1 We may have review/feedback forum or chat room on the Sites which you and other users of the Sites may post, transmit, display, publish, distribute, or submit public user generated material on the Products or on us ("a Submission"). You agree not to create any Submission that is for a purpose other than which we have designed them or intended them to be used or contains vulgarity or offensive language or contains any defamatory statement, or tends to mislead or reflect unfairly on us or any other person, business or entity.
14.2 Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
14.2.1 you are the author of the Submission, or
14.2.2 the Submission is not protected by copyright law, or
14.2.3 you have express permission from the copyright owner to use the Submission in connection with the Sites; and
14.2.4 you have the right to grant us the licence set out in clause 15.3 of this Agreement;
14.2.5 your use of the Sites and Submission(s) do not violate this Agreement.
14.3 Submissions are not endorsed by us, and do not represent our or the view of our affiliates, our Related Body Corporate (as defined in the Corporations Act 2001 (Cth)), our directors, officers, employees, agents. You acknowledge and agree that we does not control the Submissions, and disclaims any responsibility for all Submissions.
We reserve the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion. If you believe in good faith that Submissions posted by the Sites infringe your copyright, you (or your agent) may send us a notice requesting that the Submission(s) be removed from the Site(s).
16.1 The names, images and logos identifying The Pour Company, us or third party supplier and their products and services, are proprietary marks and no use should be made unless with prior written consent.
16.2 You acknowledge that no title or interest to The Pour Company or our intellectual property rights is transferred to you and you agree to make no claim of interest in any of The Pour Company or our services or Sites.
16.3 A Submission by you shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Submission.
17.1 If we are involved in a merger, acquisition, asset sale or change in control, we may assign, novate or otherwise transfer its rights and obligations that arise under these terms without reference to you so that in the future, the Services are provided by a different party.
18.1 Currency: All prices are in Australian Dollars.
18.2 GST: Except where indicated otherwise, prices include GST.
18.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
18.5 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of us, our subsidiaries, its Related Entities, our holding company its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
18.6 Survival: In any event, the provisions that are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Sites or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Sites or Service.
18.7 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
18.8 Location: The Service and Sites are controlled and offered by us from Victoria, Australia. All sales occur and are appropriated in Victoria. We make no representation that the Services and Sites are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for local laws.
18.9 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Victoria and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria.