In these terms and conditions, “we”,“The Club”, “us” and “our” refers to The Whisky Club. Your access to and use of all information on this website including purchase of our services is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
1. Member Registration
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. It is your responsibility to update your address details. Failure to do this may result in purchases being sent to an incorrect address and we will not be liable for this.
- On registration, we provide you with a password and user name. On registration, you agree to pay for our services as set out on our website.
- We reserve the right to terminate your Membership at any time if you breach these terms and conditions
- You must be 18 years or older to join The Whisky Club. It is an offense to sell alcohol to minors and it is a punishable offense for a minor to purchase alcohol. Any minors attempting to join the club and found to have falsely claimed to be 18 or over will be reported to the Federal Police.
- The Whisky Club is open to Australian residents only.
- Maintaining an active credit card is a requirement of Membership to The Whisky Club. Your Membership will be terminated should your card be invalid for more than 3 months.
- Your card details are securely captured and stored in a secure vault by Merchant Warrior, our 3rd-party payment processor. Each card is assigned a billing token which is stored on our site. This billing token is used to securely charge your card via the Merchant Warrior site.
- You can terminate your Membership at any time. There is no penalty for termination or minimum term required. Terminate your Membership via the “Unsubscribe” link in the Account Details section of your account at thewhiskyclub.com.au/my-account/
2. Your Subscription, and how it works
- The Club operates an “opt-out” system. This means that you are automatically opted-in to purchase your subscription each month unless you decline the offer within the allotted timeframe.
- The monthly buying process takes place over a 72hr period from midnight on the first Friday of each month until midnight on the following Sunday.
- The Club sends out the Whisky of the Month email on the first Friday of every month. This email contain full details on the featured whisky including pricing and may also include other products for you to purchase.
- By becoming a Member of The Whisky Club, you agree to receive email correspondence from us. It is your responsibility to ensure that the Club’s email addresses (firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com) are whitelisted in your mail program to ensure deliverability. The Club does not accept responsibility for non-delivery of emails. Instructions for whitelisting can be found in this link, and please contact us if your mail program is not covered in this list: https://thewhiskyclub.com.au/my-account/faq/
- Over the 72hr period from midnight on the first Friday of each month until midnight on the following Sunday you can opt-out (decline) or double-up (purchase double the number of bottles in your standard subscription) the featured whisky, and on occasion, where relevant you can also add-in extra products. Links are provided on the Whisky of the Month email or you simply login to your account (https://thewhiskyclub.com.au/my-account/) to complete these actions. Please contact us immediately if for whatever reason you are unable to gain access to your account.
- You agree that if you fail to indicate your desire NOT to purchase a given month’s featured whisky, your registered credit card will be debited and your whisky will be delivered to the address provided by you at registration – see Opts outs and Refunds in detail below.
- All prices are in Australian Dollars (AUD), are inclusive of GST, and inclusive of postage unless otherwise indicated. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
3. Opt-out, Refunds and Returns
- We do not charge your credit card on subscription and as such need to make no refunds for the subscription which is free.
- You can opt out of a month’s featured whisky by clicking on the “NOT THIS MONTH, THANKS” link on the Whisky of the Month email or you can login to your account (https://thewhiskyclub.com.au/my-account/) to complete an opt-out. Please contact us immediately if for whatever reason you are unable to gain access to your account.
- You will receive an email from firstname.lastname@example.org upon successfully processing an opt-out (same for double-ups and add-ins). Another way of checking that the opt-out has correctly processed is to refresh the My Account page (https://thewhiskyclub.com.au/my-account) and check that the Opt-Out box is green (same for double-ups and add-ins).
- It is your responsibility to opt out during the opt-out/double-up window and this timeframe is clearly stated on the Whisky of the Month email. There is no penalty for opting out.
- Opt-outs and double-ups reset at the start of each month. This means that you have to take action to opt-out (or double-up) each month.
- It is your responsibility to ensure that the email address provided to us at registration is correct in order for you to receive the Whisky of the Month email. Please ensure that you update this address in your account (https://thewhiskyclub.com.au/my-account/) if and when it changes.
- It is your responsibility to ensure that the email addresses email@example.com, firstname.lastname@example.org, email@example.com and firstname.lastname@example.org are whitelisted in your email program in order to ensure that you receive our emails. (An email whitelist is a list of contacts that the user deems are acceptable to receive email from and should not be sent to the trash folder.) Click here (http://thewhiskyclub.com.au/my-account/faq/) for instructions on how to whitelist our email addresses to ensure deliverability. The Whisky Club will not be held liable if you do not receive the monthly email.
- We reserve the right to accept or decline any late opt-outs, double-ups or add-ins received after the stated deadline. In the event that a late opt-out is accepted, the amount charged will be credited to your account. If this takes place after the bottle has been shipped, it is your responsibility to return the bottle to our shippers, Next Logistics, c/o The Whisky Club, Warehouse 1A, 35-47 Stennett Road, Ingleburn, NSW 2565 before a refund or credit is applied.
4. Charging your card
- Unless otherwise stated and unless you have opted-out within the correct timeframe, your card will always be charged on the first Monday after the first Friday of the month.
- Successful cards will receive a tax invoice via email and declined cards will be notified within 12 hours via email.
- We will re-attempt to charge declined cards once a day for the next four days up to and including the 2nd Friday of the month, unless/until sold out. It is your responsibility to ensure you have sufficient funds on your card and to update your account with your new card details before your current card expires to avoid the possibility of missing out.
- If stock is likely to sell out, then regrettably not all Double Up opt-ins may have their second bottle request fulfilled. Stock will be allocated in the following order: Double Subscriptions, then Single Subscriptions in the order of longer-standing Members first, and finally Double Up opt-ins on a first-come, first-served basis determined by the time you requested the Double Up.
- We, or our agents, ship products to you according to the instructions agreed upon by you when subscribing to the service.
- Shipping & handling costs are included in the charge to your credit card.
- Should you not receive your bottle within a reasonable time, contact us. If the product has not been delivered or has been shipped to an address other than the one registered or stipulated by you as your delivery address, we will ship a replacement product. Sometimes parcels are returned to our warehouse by Auspost (Return to Sender) because of a variety of issues with delivery. These will be shipped back out to you on the next available monthly shipping run.
- Should the product be damaged in transit, please let us know and we can arrange a replacement of the product. We reserve the right to request evidence of damage in transit.
- A person must not order or request a person under the age of 18 years to take delivery of liquor purchased from The Whisky Club.
6. Site Access
- When you visit our website, we give you a limited license to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
8. Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All material including text and images, supplied by the client will remain the client’s property. The client is completely responsible for securing all necessary licenses or permissions for content that is supplied to The Whisky Club. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws. The copyright for all material provided by The Whisky Club such as code, graphics, photographs, images and text, will remain the property of The Whisky Club until such time as payment has been made in full whereupon they will become the property of the client.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea, review, or suggestion (called “Comments”) which you provide to us through this website and/or the Club’s Facebook, Twitter and Instagram pages becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- All promotion and competition winners agree to supply a photo with prizes for promotional purposes.
- Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
10. Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
11. Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- These terms and conditions are to be governed by and construed in accordance with the laws of Tasmania and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Tasmanian and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- We may provide your name & address information to third parties purely for the express purpose of facilitating delivery to you. No other information is provided to our shippers.
15. Refer a friend
- Offer only open to Australian residents 18 years or older.
- This promotion opens on 6 April 2016 and closes at 11:59pm on 31 December 2019 or at the discretion of The Whisky Club.
- You must be a Member of The Whisky Club (Liq Licence 75635) to participate is this promotion or to claim any rewards.
- The referrer earns a whisky gift (currently a set of three miniature 50mL bottles from The Glenlivet’s Master Distiller’s Reserve Collection including The Master Distiller’s Reserve, The Master Distiller’s Reserve Solera Vatted and The Master Distiller’s Reserve Small Batch while stocks last at which point a new gift will be introduced) for every successful referral. A referral is deemed successful and a prize will be shipped when the referee (the person who has been referred) has purchased two items from the Club, at which point they are deemed an active Member. The two items may include double-ups. You will not receive a reward if the person you refer joins the club but is an inactive Member.
- Prizes are non-transferable, non-exchangable and non-refundable.
- The Whisky Club reserves the right to cease the promotion without prior notice if oversubscribed, and to investigate and withdraw prizes where entrant behaviour is deemed to be suspicious or dishonest.
- Referees must credit their referrers by entering their name in the “Referrer” field on the checkout page. Only referrals that come through this system will be counted. We truly appreciate all prior referrals that you have made, but please note this promotion is only for referrals made after 8 April 2016.
16. Whisky Club VIP Card
By presenting this card to claim the cardholder discount you agree wholly to the below Terms & Conditions
- Cardholder discount
- This card entitles the bearer to 20% off whisky at Eau-de-Vie Melbourne, Eau-de-Vie Sydney, Starward and Boilermaker House in Melbourne, The Roosevelt in Sydney, The Dominion League, Helvetica Bar and Bar Lafayette in Perth, Cobbler in Brisbane, The Scottish Prince on the Gold Coast and Lark Distillery Bar in Hobart. This excludes whole bottle sales.
- “Whisky” refers to neat whiskies and does not include mixers (God forbid!)
- The Card must be presented to the cashier immediately before payment in order for the Cardholder to be entitled to the discount.
- The Card
- This card is issued exclusively to active Members of The Whisky Club Company Pty Ltd (ABN: 45167309971).
- The current card remains valid until 31 January 2019, and a 2 week grace period exists between 1 July and 14 July where the current card and the card expired 30 June 2018 are accepted.
- The Card is not transferable or assignable and is for the Cardholder’s personal use and benefit only.
- Variation & Cancellation
- The Whisky Club reserves the right at any time and from time to time at its sole and absolute discretion without prior notice to vary or amend the terms and conditions contained herein and to add or subtract or in anyway modify the Cardholder’s Discount.
- The Whisky Club VIP Card may be withdrawn without prior notice at the absolute discretion of The Whisky Club Company Pty LTD.
- The Whisky Club Company Pty LTD reserves the right to reject any application, to terminate any Card, or to refuse to replace any lost, damaged or stolen Card, at their absolute discretion, and without having to state any reason whatsoever.
- The Whisky Club Company Pty LTD decision on all matters relating to or in connection with the Card shall be final and conclusive and no correspondence in relation thereto will be entertained.
- The Whisky Club Company Pty LTD shall not be liable to any applicant, Cardholder or any other party for any loss or damage, irrespective of the circumstances.