If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
- LAKE MAC BREWING COMPANY
Terms & Conditions
Website Terms and Conditions
Welcome to www.lakemacbrewing.co (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
The Website is operated by Willis Brewing Pty Ltd (ACN 631 293 699). Access to and use of the Website, or any of its associated Products or Services, is provided by Willis Brewing Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
Willis Brewing Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Willis Brewing Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Willis Brewing Pty Ltd in the user interface.
Registration to Use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
- IP address
You warrant that any information you give to Willis Brewing Pty Ltd in the course of completing the registration process will always be accurate, correct, and up to date.
Your Obligations as a Member
As a Member, you agree to comply with the following:
- You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
- You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Willis Brewing Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- Any content that you broadcast, publish, upload, transmit, post, or distribute on the Website (‘Your Content’) will always be accurate, correct, and up to date and you will maintain reasonable records of Your Content.
- You agree not to harass, impersonate, stalk, threaten another Member or user of the Website (where interaction with other Members or users is made available to you);
- Access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of Willis Brewing Pty Ltd providing the Purchase Services;
- You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Willis Brewing Pty Ltd for any illegal or unauthorised use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
Payment of the Purchase Price may be made through Square (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Willis Brewing Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Willis Brewing Pty Ltd may record your purchase details for future use.
Willis Brewing Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Delivery
You acknowledge that the Purchase Services offered by Willis Brewing Pty Ltd integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).
In providing the Purchase Services, Willis Brewing Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Willis Brewing Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, Willis Brewing Pty Ltd asks that you:
- Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- Contact us by sending an email to feedback@lakemacbrewing.co outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider needs to be removed from the Purchase Services.
Warranty
Willis Brewing Pty Ltd’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 1 month from the date of purchase (the ‘Warranty Period’).
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Willis Brewing Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Willis Brewing Pty Ltd at feedback@lakemacbrewing.co.
Where the Warranty Claim is accepted then Willis Brewing Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
The Warranty shall be the sole and exclusive warranty granted by Willis Brewing Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to the Products where the exterior of which has been damaged or defaced, which have been subjected to misuse, abnormal service or handling, or which have been altered or modified in design or construction.
Limitation of Liability
Willis Brewing Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Purchase Services to you.
You expressly understand and agree that Willis Brewing Pty Ltd, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Willis Brewing Pty Ltd as set out below.
If you want to terminate the Terms, you may do so by:
- Notifying Willis Brewing Pty Ltd at any time; and
- Closing your accounts for all of the Purchase Services which you use, where Willis Brewing Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Willis Brewing Pty Ltd via the ‘Contact Us’ link on our homepage.
Willis Brewing Pty Ltd may at any time, terminate the Terms with you if:
- You have breached any provision of the Terms or intend to breach any provision;
- Willis Brewing Pty Ltd is required to do so by law;
- The provision of the Purchase Services to you by Willis Brewing Pty Ltd is, in the opinion of Willis Brewing Pty Ltd, no longer commercially viable.
Subject to local applicable laws, Willis Brewing Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Willis Brewing Pty Ltd’s name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify Willis Brewing Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
- All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;
- Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
- Any breach of the Terms.
Dispute Resolution
Compulsory:
If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in New South Wales, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by Willis Brewing Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.