TERMS
AND CONDITIONS
This
Agreement is a contract between You and Ozhotel ABN 70 308 921 282
Trading as Hotel Sweeney's, Macquarie Hotel and grog.com.au. Persons
under 18 years of age are not permitted to place orders for alcohol.
Please read this document and its entirety carefully. We are providing
a service to the community, with it comes obligations, which requires
implementation of rules and regulations, we ask that you adhere to
these rules and regulations to provide proper care of the consumption
of alcohol within the community. Your use of grog.com.au will constitute
your agreement to comply with these rules.
This agreement sets out the terms and conditions under which you may
purchase products from grog.com.au
1
Interpretation
In these Conditions:
"Agreement" means an agreement between you the consumer and
grog.com.au to supply Goods. The Agreement consists of the Order and
these Conditions.
"Conditions" means these Conditions and any agreed written
variations.
"Delivery Address" means the address to which the Goods are
to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" Includes all rights in respect
of copyright, trademarks, patents, designs, protection of confidential
information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by You to purchase Goods from grog.com.au.
"Product List" means the list of Goods displayed on the grog.com.au
Internet site as amended from time to time.
"Delivery Fee" means the fee payable to grog.com.au in respect
of delivery of the Goods and handling costs associated with processing
your order as advised by grog.com.au
2.1
What is the agreement?
The entire agreement between You and Grog.com.au for the purchase of
Goods by You from Grog.com.au is:
(a) these Conditions; and (b) the terms of the order.
2.2 When is the agreement formed?
An agreement exists between you and grog.com.au once grog.com.au receives
and accepts an order at its licensed premises. No obligation to sell
or supply the Goods will arise until the order is received and accepted
at licensed premises. Grog.com.au is authorised to unconditionally appropriate
the liquor to the order at the licensed premises on acceptance of the
order.
2.3 Each order is a separate agreement.
2.4 Account set-off terms,
If you owe money to grog.com.au under one agreement, grog.com.au may
set-off that money against any money that you owe to grog.com.au under
another agreement. If grog.com.au owes money to you under one agreement
grog.com.au may set-off that money against any money that it owes you
under another agreement.
3.1 Delivery Details to be completed
You must complete your delivery details when placing an order for goods
on grog.com.au. You warrant that all information and data provided by
you here is accurate, complete and up to date. You will promptly inform
grog.com.au if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing the grog.com.au
site and placing orders for goods on grog.com.au including any Internet
provider fees.
3.3 Delivery area
In order to purchase Goods from grog.com.au, the Delivery Address that
You nominate will need to be within an area where grog.com.au provides
delivery services. Grog.com.au will advise You if the Delivery
Address that You nominate is not in the delivery area where grog.com.au
delivers goods. Grog.com.au will not be obliged to continue to deliver
Goods to You if You change Your Delivery Address and the new Delivery
Address which You nominate is not in an area within which grog.com.au
delivers goods.
4.1 Orders
You can place an order on grog.com.au by selecting "lets
go shopping" and then selecting "check out", and
following the prompts. Once the "submit Order" button has
been selected orders will then be deemed to have been received by grog.com.au
at the time of successful transmission of the order.
4.2 Delivery of the Goods
Grog.com.au will deliver the Goods to You at the Delivery Address during
the authorised licensed trading hours.
4.3 Authorised receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed
by grog.com.au to be authorised to receive the Goods. Grog.com.au may
request that the person who receives the Goods at the Delivery Address
provide satisfactory evidence of proof of age. Grog.com.au will refuse
to deliver the Goods if the person receiving the Goods is unable or
unwilling to provide evidence of proof of age. The Goods will not be
delivered to persons under the age of eighteen (18) years.
Due to our strict policy of not delivering to alcohol to minors, please
be advised that WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON
WITHOUT EXPLANIATION. Thank you for your understanding.
4.4 Change of Delivery address.
If You the consumer fails to notify grog.com.au of changes to current
delivery address upon receipt of goods, grog.com.au is not to be responsible
for incorrect delivery of Goods. You then are liable for all costs,
return of Goods, transportation, and refunding of delivered Goods.
5.1 Risk and Title
Risk in the Goods passes to You upon delivery of the Goods to the Delivery
Address.
5.2 Returns or Refunds
Grog.com.au will accept returns of goods that...
Are damaged, or otherwise faulty at time of purchase
Fail to match the specifications advertised for them
We will not accept returns where the purchaser has bought the wrong
product, or has changed their mind about the purchase. You may call
the grog.com.au Customer Care line on (02) 9261 5666 and a grog.com.au
representative will assess your request for a credit, replacement or
refund of the purchased damaged or incorrect product
6.1 Price of Goods
Subject to clause 6.2 the price You shall pay for the Goods shall be
the price specified on the Product List. You also agree to pay the Delivery
and Handling Fee in respect of each Order.
6.2 Variation
Grog.com.au's prices are subject to variation on a daily basis. The
price payable for the Goods shall be the price applicable on the date
the Goods are confirmed as ordered.
6.3 Method of payment
(a) Direct on-line credit card payment.
This is the easiest and quickest. Your card details will be encrypted
directly at the bank and therefore confidential and cannot be accessed
by anyone but the bank
(b) If you still feel unsafe about ordering and paying on-line you can
phone your order to us, or print off your order and fax it to us, with
your credit card details to 9267 5752.
(c) COD is available. However for this option you will contact
us prior to ordering to confirm your details.
7.1 No rainchecks
Grog.com.au will not provide rainchecks in respect of Goods ordered
by You.
7.2 Substitution policy
Grog.com.au will use its best endeavours to ensure that all Goods ordered
by You (and any agreed substitutes) are supplied to You.
8. Packaging & Labelling of Goods
Grog.com.au aims to include in the Product List up-to-date pictures
of the Goods. At times, the picture of the Goods on the Product List
may differ from the Goods actually supplied to You. Grog.com.au does
not warrant the accuracy of the information contained in the Product
List and recommends that You read the labels on Goods carefully before
consuming the Goods.
9. Licence
You are licensed to install grog.com.au on your computer for Your use
in purchasing Goods from grog.com.au. You acknowledge that you are not
permitted to make any other use of grog.com.au unless given prior written
authorisation by grog.com.au.
10. Intellectual Property Rights
10.1 You acknowledge that grog.com.au and its related companies
own or are licensed to use all Intellectual Property Rights in grog.com.au
(including, but not limited to, any images, photographs or text, which
appears on the site). You agree that You will make no representation
to the contrary, and that You must not use or copy grog.com.au in any
manner, which is inconsistent with the rights of the owner or licensee
of such Intellectual Property Rights.
You agree to indemnify grog.com.au and its affiliates, employees, agents
and representatives, and to hold them harmless from any and all claims
and liabilities (including any and all attorneys' fees) that may arise
from your submissions, and from your unauthorized use of material obtained
through grog.com.au, from your breach of this Policy, or from any such
acts arising through your use of grog.com.au.
10.2 You acknowledge that any trademarks or logos which appear
on the grog.com.au site are owned by or licensed to grog.com.au or its
related corporations, and that You must not do anything to prejudice
the rights of the trademark owner or licensee to such trademarks or
logos.
11. Liability
11.1 You acknowledge that grog.com.au is provided "as is
site" and that grog.com.au is not making and has not made any warranty
or representation as to grog.com.au's suitability for any particular
purpose. You agree that in using grog.com.au, You are not relying on
any statement or representation made by grog.com.au which is not expressly
contained in this Agreement.
11.2 You agree that any liability of grog.com.au arising out
of or in connection with any breach of any express or implied warranty
or condition in respect of goods or services supplied to You through
use of grog.com.au (other than a condition or warranty implied by legislation
which does not permit grog.com.au 's suitability to be limited as stated
in this clause 11.2) will, at the election of grog.com.au be limited
to:
(a) if the condition relates to goods, the replacement of the goods
or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services
again or the payment of the cost of having the services supplied again.
11.3 You agree that the entire risk arising out of installation,
down loading, use or performance of grog.com.au remains with You. To
the extent permitted by law, You release and discharge grog.com.au and
its related corporations from all forms of direct, special, indirect
or consequential loss or damage (including loss of profits, loss of
data or loss or damage that may reasonably have been supposed to have
been in the contemplation of the parties as at the date of this Agreement)
arising out of or in connection with grog.com.au or this Agreement,
including, without limitation, loss or damage caused by the negligence
of grog.com.au or its related corporations.
12. Security
You agree to take responsibility for the safekeeping of your credit
details and pin codes. You are liable if any unauthorized persons use
your Credit Card and passcodes. You agree to release and indemnify grog.com.au
in relation to any liability arising out of the unauthorized use of
your credit card and passcodes.
13. Privacy
Grog.com.au is committed to protecting your privacy. We use the information
we collect about you only to process your orders and improve our service.
When you order, we need to know your name, e-mail address, mailing address,
credit card number, and expiration date. This is so we can process your
order, and notify you of its status.
If you join the grog.com.au e-mailing list we request your name, address,
phone number and email address. This information is used only to notify
you of special offers and deals.
Grog.com.au does not disclose, distribute or sell the data we collect
from our customers to third parties in any form that can identify specific
customers. However we may release this data if we consider it necessary
to comply with law or protect the rights and property of grog.com.au
or others.
14. Confidentiality of Your Information
Grog.com.au reserves the right to disclose information regarding grog.com.au
members and use of the grog.com.au service to third parties providing
that the information will not specifically identify You or any personal
information supplied by You.
Grog.com.au also reserves the right to disclose information regarding
grog.com.au members and use of the grog.com.au service, including personal
information if we consider it necessary to comply with law or to protect
the rights and property of Liquor Home Delivery or others.
15. Termination
Grog.com.au may terminate this Agreement at any time by delivering notice
(as specified in clause 15) or by sending You a system message, (e-mail
notification) advising that your shopping privileges have been removed.
If this occurs, please contact grog.com.au Customer Care Line on (02)
9261 5666. Termination of this Agreement shall be effective on the day
notice is received and recorded or such later date as specified in the
notice.
16. Notices
Grog.com.au may give notice to You by electronic mail or by conventional
mail to your address contained in the membership registration information,
provided by You. You may give notice to grog.com.au by electronic mail
to ic@cafesydney.net
17.1 Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable.
Severance does not affect any other provisions.
17.2 New South Wales law applies
The laws of New South Wales govern this Agreement.
Misc
Information provided by grog.com.au and it's associated Companies and
shareholders, Directors, Management and Staff relating to national laws,
generally apply to drinking age limits for venues outside the home,
such as taverns, bars, restaurants, nightclubs and similar establishments.
Typically, these laws make no reference to alcohol consumption in the
home. Grog.com.au and it's associated Companies and shareholders, Directors,
Management and Staff take no responsibility for consumption of alcohol
in the home under the direction of Individuals, Parents and minors,
Guardians, Legally Court appointed Guardians and the person's responsible
for the premises at time of consumption of alcohol on said premises.
If you don't agree to the terms contained in this Policy, please
exit grog.com.au site now
|