1. Important Notice
Sweet&Chilli Pty Ltd trading as Cocktail Porter 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 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 Service Agreement (this “Agreement”) is a legally binding contract between you (referred to as "you", "your" or the "Customer" in this Agreement) and Cocktail Porter trading as Cocktail Porter Pty (“we”, “us”) pursuant to Packaged Liquor Licence No. LIQP770016971 and comes into effect after you Register and place an Order on a Site. You agree to be bound by these terms and conditions without any amendment or variation
We are a authorised pursuant to Packaged Liquor Licence No. LIQP770016971 to operate this Website, the mobile site and the mobile application (collectively, the "Sites”).
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 drivers’ 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 Hours" means the delivery hours detailed or endorsed on Packaged Liquor No LIQP770016971.
2.1.3 "Minor" means a person under the age of 18 years.
2.1.4 "Order" means an agreement by you to purchase the Products when you click the button to place your order.
2.1.5 "Order Price" means the total of the Price of the Products that you wish to purchase.
2.1.6 "Products" means those items contained within the Subscription and Signature Cases (alcohol, ingredients, recipe card & gift item/s), individual bar tools purchases and associated delivery services provided by Cocktail Porter Pty.
2.1.7 "Purchase" means the Order that we have accepted.
2.1.8 "Register" means to create a valid account on a Site.
2.1.9 "Service" means all or any one of the services we provide via the Sites (or via other electronic or other communication) including the information services, content and transaction capabilities on the Site (including the ability by you to Order and Purchase).
2.1.10 "Website" means www.cocktailporter.com.au
3. Use of the Site and the Service
3.1 Minimum Age: You must be at least 18 years of age to use the Site, the Service and to make any Order and Purchase. Please refer to the 'IMPORTANT NOTICE' above.
3.2 Responsible service of alcohol: The Products are supplied and delivered to you directly by us. We reserve the right to decline or cancel any Order by at any time 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 a Site and a Service (or any part of them) and to prevent you from making any Order and Purchase if we reasonably believe that your use of the Site or the Service is inappropriate.
3.4 Equipment: The use of the Site and the Service do not include the provision of any hardware necessary to access them. To use the Site or Service, you will require internet connectivity and appropriate telecommunication links. We will not be liable to you for any telephone costs, data costs, telecommunications costs or other costs that you may incur as a result of using or accessing a Site or Service.
3.6 Passwords: Once you complete the Registration process, you must keep your account password confidential and immediately notify us if any unauthorised third party becomes aware of it 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 it is your sole responsibility to keep your password secure.
3.7 Closing accounts: We reserve the right to immediately and without prior notice terminate an account 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 a Site or a Service in any way or if we believe that the user is a Minor.
4.1 Sweet&Chilli Pty Ltd is the operator of the Site and Cocktail Porter Pty facilitates the order, sale and purchase and delivery of alcohol beverages to you.
5. Purchase of Products
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 pay to us for the Order Price, comprising of the total Product Price; and
5.1.7 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 legally binding, irrevocable offer to purchase the Products at the Order Price ("Order"). When we accept your offer, we will send you a confirmation email
with details of your Purchase and the estimated delivery date.
5.3.1 On all Purchases on Subscription Cases placed by the 7th of any month, we aim to ship your order on the 15th of that month. Signature Cases and Bar Equipment purchases will be processed within two working days of the date of the Purchase. For all information regarding delivery times, refer to clause 5.5.
5.4 Payment: We will process your payment of the Order Price via eWay once your Purchase is complete and we have accepted your Order. Payment options include all Australian debit and credit cards, including American Express.
5.4.1 If you have chosen a monthly subscription, your payment will be processed on the same day, or within 48 hours (depending on your bank). This will repeat on the same date of each month during your subscription with Cocktail Porter.
5.4.2 If you have ordered a Signature Case or bar tools (/accessories), your payment will be processed on the same day or within 48 hours (depending on your bank) as a one-off payment.
5.4.3 Charge backs and disputes: We will be responsible for dealing with charge-backs or disputes. Please contact us in relation to those matters.
5.5.1 We will use our reasonable endeavours to deliver the Products by the time and date stated on the Confirmation Email and otherwise in accordance with the delivery hours permitted by and endorsed via Packaged Liquor Licence No. LIQP770016971. All items are dispatched with automated tracking via the Customer’s email address. Every parcel is allocated a unique reference code and tracking link which is emailed to the Customer when the parcel is collected. A delivery estimate is provided with every order. This will give the Customer an idea of how long the shipment will typically take but this is not a guaranteed delivery date. We do not take responsibility for any damage to Products which occurs during transit or delivery. This will be covered by the courier’s insurance.
5.5.2 Changes to your delivery information can only be made prior to the parcel being dispatched. If a change to the delivery address is required after your parcel is in transit, a new delivery charge will apply. We cannot guarantee that we will be able to communicate the new address to the delivery agent within any given timeframe.
5.5.3 We cannot guarantee that multiple Products purchased will arrive in one delivery (i.e. items ordered from Bar Tools in addition to your Subscription or Signature Case). The majority of bar tools and cocktail cases are likely to be packaged separately, however, should your Order be reasonably able to be packaged for a single delivery, we will endeavor to do so.
5.5.4 Cocktail Porter Pty 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 handed to you or a person authorised to act on your behalf unless Acceptable ID can be produced to us or to our courier at the time of the delivery.
(c) sign the delivery docket confirming acceptance of the Products. You should check the Products against the delivery docket prior to signing. The delivery docket shall be deemed conclusive evidence of acceptance of the Products and we will not accept any claims for damaged goods after you sign the delivery docket.
5.5.5 Cocktail Porter Pty reserves the right to refuse to deliver the Products for any reason whatsoever and including (without limitation) refusing delivery to a person/s who we reasonably believe are intoxicated, 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.
5.5.6 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 Packaged Liquor Licence No. LIQP770016971 or the relevant legislation or regulations relating to the sale and supply of alcohol, we will immediately terminate the delivery and return the Products to the store.
5.5.7 We will use our reasonable endeavors to complete the delivery in one attempt, but if your Order is not practically or safely able to be delivered in such a manner, a free re-delivery service will be coordinated by us via email. This email notification will include the information required to arrange a re-delivery and all you need to do is follow the instructions in our email, or in the card that has been left at the delivery address. You book a redelivery within the timeframe stated.
5.5.8 In the event of unsuccessful delivery pursuant to clauses 5.5.4 or 5.5.5, you will receive a tracking email with information of the package having been delivered to a secure location. A card will also be left by our courier to confirm the location of either the Parcel Connect, local newsagent or POPStore. For security reasons, the parcel can only be collected by the person to whom it's addressed and that person must have the email notification or card left by our courier and a current photo ID, such as a passport or Australian drivers licence for your parcel to be handed to you. Time limits apply to the collection of your parcel. These are typically around five – seven calendar days, after which time the parcel may be returned to us.
5.5.9 If a parcel is not delivered for the reasons set out in clause 5.5.6, subject to our obligations under the Australian Consumer Law, Cocktail Porter Pty will not be obliged to refund of any Product purchased.
5.6 Goods and Services Tax: The Order Price for the Products is inclusive of any GST.
5.7 Legal title to the Products will transfer to you (i.e. the Products will become your personal property) when the Products are successfully delivered to your nominated place of delivery.
6.1 Subject at all times to our obligations under the Australian Consumer Law, once your payment is confirmed at the checkout on a Site, you will not be permitted to cancel your Order(s). If you are a subscriber, you will have sufficient time to pause your subscription (free of charge) if you would like to skip a month that includes ingredients that aren’t to your taste or if you might not be at home in that timeframe.
6.2 A request to opt out and/or cancel a subscription can be done free of charge via your online account. Cancellations must be processed ahead of the last working calendar date of any given month.
6.3 Additional bar items purchased in Bar Tools, are not subject to returns or refunds due to food health & safety regulations.
7. Refunds, Returns & Damages
7.1 As part of our service, we will ensure that all products made available for purchase on our Site meet the Consumer Guarantees under the Australian Consumer Law.
7.2 If you are unsatisfied with a Product or if a product is not as advertised and/or a major problem is identified with the product, please contact us immediately to find out more about our refund & returns policies.
7.3 In the unlikely incident your Product has been damaged in transit, do not accept the delivery and we will arrange a new replacement Product to be sent to you.
7.5 If your Product has been lost in transit after it was scanned as picked, and before it was scanned as delivered, we will send you a replacement case upon notification.
7.6. We will not issue any refunds on Products or ingredients opened or tampered with after you signed after a delivery.
8. Warranty Disclaimers
8.1 We expressly disclaim that:
8.1.1 any content or information accessible through the Site is accurate, complete, reliable, current or error-free. This includes information about Product Price, Delivery Times, Product description and Product availability. Such information is subject to change without notice.
8.1.2 your use of the Service or the Site will be uninterrupted or that any information or data (or messages) transmitted via the Service or the Sites will be transmitted accurately, reliably or in a timely manner or at all.
8.1.3 the Service or the Sites are free from viruses, malware, bots or anything else which may have a harmful effect on any technology or your hardware or software.
8.2 We will use all reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of same.
9. Suspension and Termination
9.1 If you use a Sites or Service in contravention of this Agreement, we reserve the right to suspend or terminate your use of the Service and / or Sites (in whole or in part) without prior notice.
9.2 We agree to fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement and you agree that if we are the subject to such an order, you will have no claim against us for the release of your personal information.
9.3 Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have against you for any other breaches which occurred prior to termination.
10.1 You agree to indemnify and hold us (and our Related Body Corporate (as defined in the Corporations Act 2001 (Cth)), our 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 a Site 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. Limitation of Liability
11.1 We exclude, in so far as it is legally possible for us to do so, all liability and responsibility for damage suffered by you 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 disclaimer of liability extends to all claims regardless of whether they are reasonably foreseeable or not. Our liability to you for any loss or damage arising directly from the Products will be limited to replacement of that Product or a refund of the Product’s value, at our discretion.
13. Links to and from Other Sites
Where a Site 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 we specifically disclaim any liability for any damage you suffer by clicking on links to third party websites contained on any Site. 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). If you decide to access any of the Other Sites linked to the Sites, you do so entirely at your own risk.
14. Intellectual Property Rights
14.1 The names, images and logos used on any Site and which are used by us to describe or refer to our products and services, are our sole intellectual property and you must not, under any circumstances, use replicate, duplicate or claim any property interest over any such intellectual property unless we give you our prior written consent to specifically do so.
14.2 You acknowledge that no title or interest to our intellectual property is transferred to you and you agree to make no claim of interest in it merely by using any Site, purchasing goods or services or by opening any account with us.
14.3 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.
15. Sale and Assignment
15.1 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 and without requiring your prior consent.
16.1 Currency: All prices are in Australian Dollars.
16.2 GST: Except where indicated otherwise, prices include GST.
16.3 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.
16.5 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).
16.6 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.
16.7 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.
16.8 Location: The Service and Sites are controlled and offered by us from Sydney, Australia. 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.
16.9 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 Sydney and both parties hereby submit to the exclusive jurisdiction of the local courts.