Terms and Conditions

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

1. You must become a Member of The Whisky Club to access the services provided on this website. To become a Member of The Whisky Club you must complete your registration by providing certain information as set out on our Join page. Please refer to our Privacy Policy on this page below for information relating to our collection, storage and use of the details you provide on registration.

2. 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.

3. On registration, you agree to pay for our services as set out on our website.

4. We reserve the right to terminate your Membership at any time if you breach these terms and conditions.

5. 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.

6. The Whisky Club is open to Australian residents only.

7. Maintaining an active credit card is a requirement of Membership with The Whisky Club. Your Membership will be terminated should your card be invalid for more than 3 months.

8. In the case that you have more than one payment method in your Whisky Club account (credit card and PayPal, or multiple credit cards) we reserve the right to attempt to charge those additional payment types should the primary payment type be declined. By adding additional payment methods you agree to this.

9. 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 payment gateway.

10. If using PayPal your payment information is fully and securely handled by PayPal, we The Whisky Club cannot and do not directly access your payment details held securely within PayPal.

11. You can terminate your Membership at any time. There is no penalty for termination or minimum term required. Terminate your Membership via the “Account Settings” link in the Account Details section of your account at com.au/my-account/.

2. Your Subscription and How It Works

1. 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.

2. 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.

3. 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.

4. 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 (bertie@thewhiskyclub.com.au, drams@thewhiskyclub.com.au, confirmations@thewhiskyclub.com.au, shipping@nextlogistics.info) 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/

5. 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.

6. 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.

7. 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

1. You can opt out of a month’s featured whisky by clicking on the “ “OPT OUT” button in your account. Please contact us immediately if for whatever reason you are unable to gain access to your account.

2. You will receive an email from  drams@thewhiskyclub.com.au upon successfully processing an opt-out (same for double-ups and add-ins/top-ups). Another way of checking that the opt-out has correctly processed is to refresh the My Account page, and check your Delivery Box summary.

3. 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.

4. 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.

5. 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 if and when it changes.

6. It is your responsibility to ensure that our email address drams@thewhiskyclub.com.au is 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.) Visit our Help Centre 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.

7. 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 a late opt-out is accepted after your order has been processed, it is your responsibility to return the bottle to our warehouse at your cost before a refund or credit is applied. Visit our Help Centre  for details.

4. Charging your card

1. 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.

2. Successful cards will receive a tax invoice via email and declined cards will be notified via email.

3. We will re-attempt to charge declined cards daily for the next five working days or 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.

4. At all times we attempt to forecast and order sufficient stock to meet projected Member demand, however on those occasions where demand exceeds stock on hand, then available stock will be allocated strictly in the following order: Double Subscriptions, then Single Subscriptions in the order of longest-standing Members first, and finally Double Up requests. PLEASE NOTE: this can mean that on very rare occasions not all Double-Up requests are fulfilled, and even more rarely it can mean newer Members who have not opted-out do not receive the Whisky of the Month. Of course in these situations, wherever possible, we work closely with our suppliers to source additional stock for our Members.

5. In the case of Member Add-ins featured over the Whisky of the Month weekend (the first Friday of each month until midnight on the following Sunday), stock is allocated on a strict first come first served basis. Once all available stock is depleted Members can opt to join a waiting list and should a bottle become available it will automatically be added to their order and be processed along with any other products as per point 4.1 above.

5. Delivery

1. We, or our agents, ship products to you according to the instructions agreed upon by you when subscribing to the service.

2. Shipping & handling costs are included in the charge to your credit card.

3. 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 Australia Post (Return to Sender) because of a variety of issues with delivery. Here we need you to confirm your delivery address, which will occur via email. Once confirmed we’ll ship your order back to your confirmed address.

4. 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.

5. 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

1. When you visit our website, we give you a limited license to access and use our information for personal use.

2. 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.

3. 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.

4. 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.

7. Hyperlinks

1. 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.

2. 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

1. 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.

2. 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.

3. Any comment, feedback, idea, review, or suggestion (called “Comments”) which you provide to us through this website’s review feature and/or the Club’s Facebook, Twitter and Instagram pages becomes our property. These Comments include written copy and images, including the use of your Whisky Club Account Avatar. 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.

4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

5. All promotion and competition winners agree to supply photographs, and content specified within that competition’s terms and conditions of the prizes and experiences for promotional purposes

9. Disclaimers

1. 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.

2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

3. 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

1. 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:-

1.1. Schedule 2 of the C&C Act; and
1.2. those statutory guarantees, all of which are given by us to you if you are a consumer.

2. 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:-

2.1. We will repair or replace the goods or any part of them that is defective; or
2.2. Provide again or rectify any services or part of them that are defective; or
2.3. Wholly or partly recompense you if they are defective.

3. 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:-

3.1. 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.
3.2. 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.
3.3. 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.3. 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:-

11. Limitation of Liability

1. 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:-

1.1. 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.
1.2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
1.3. 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.
1.4. We do not participate in any way in the transactions between our user.  

12. Indemnity

1. 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.

13. Jurisdiction

1. 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.

2. 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.

14. Privacy

1. 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.

2. Our compliance with privacy legislation is set out in our Privacy Policy

3. 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

1. Offer only open to Australian residents 18 years or older.

2. Members cannot refer themselves or partner/spouse.

3. This promotion opens on 6 April 2016 and closes at 11:59pm on 31 December 2020 or at the discretion of The Whisky Club.

4. You must be a Member of The Whisky Club (Liqour Licence 75635) to participate is this promotion or to claim any rewards.

5. Every successful referral earns the referrer and their referee each a whisky gift (the selection varies depending on available stock). A referral is deemed successful and a prize will be shipped when the referee (the person who has been referred) has purchased one full priced whisky bottle from the Club, at which point they are deemed an active Member. Neither the referrer nor their referee will receive a reward if the referee joins the Club but is an inactive Member.

6. Prizes are non-transferable, non-exchangeable and non-refundable.

7. 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.

8. Referees must credit their referrers by entering their unique referral code, or name and email address as used in their account in the “Referrer” fields on the join 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

1. 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, Nic & Nora’s, Websters and Esquire in Sydney, Helvetica Bar and Bar Lafayette in Perth, Cobbler, Death & Taxes and Savile Row in Brisbane, The Scottish Prince on the Gold Coast, AKIBA in Canberra, Suzie Wong Bar and Malt & Juniper in Adelaide, Three Wolves in Cairns and Lark Distillery Bar in Hobart. This excludes whole bottle sales.

2. “Whisky” refers to neat whiskies and does not include mixers (God forbid!)

3. The Card must be presented to the cashier immediately before payment in order for the Cardholder to be entitled to the discount.

4. The discount is available for the card holding Member only, and cannot be used on whisky sales for extra people, an extended group or to shout the whole bar!

The Card

1. This card is issued exclusively to active Members of The Whisky Club Company Pty Ltd (ABN: 45167309971).

2. The Card is not transferable or assignable and is for the Cardholder’s personal use and benefit only.

Variation & Cancellation

1. 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 any way modify the Cardholder’s Discount.

Miscellaneous

1. The Whisky Club VIP Card may be withdrawn without prior notice at the absolute discretion of The Whisky Club Company Pty LTD.

2. 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.

3. 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.

4. 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

17. Gifting

As a purchaser and receiver of the gift of a The Whisky Club Membership you agree wholly to the below Terms & Conditions.

1. To gift a Membership, simply sign up with the receiver’s name and delivery address, but use your own email address (if you're already a Member use one of your alternate email addresses) and credit card number.

18. July Lark 2020 Member Giveaway

Terms & Conditions

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions

2. The Promoter is The Whisky Club Company Pty Ltd of Level 1, 142-146 Elizabeth Street, Hobart, TAS, 7000 (the “Promoters”)

Who can enter

3. Entry is only open to Australian residents aged 18 years or over who are Members of The Whisky Club (become a member at https://thewhiskyclub.com.au/subscriber/account/create

4. Employees and immediate families of the Promoters and their related entities and associated agencies are not eligible to Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

How to enter

5. Promotion commences at 12.01am AEST on 03/07/2020 and closes at 11.59pm AEST on 13/07/2020 (“Promotional Period”).

6. To enter, Members of The Whisky Club must purchase a minimum 1 bottle of Lark Head Distiller's Release Second Edition from The Whisky Club.

7. The Promoters’ decisions are final, and no correspondence will be entered into.

8. The Promoters reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of citizenship) and reserves the right, in their sole discretion, to disqualify any individual who the Promoters have reason to believe has breached any of these Terms and Conditions, provided false information, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoters’ discretion. Failure by the Promoters to enforce any of their rights at any stage does not constitute a waiver of those The Promoters’ legal rights to recover damages or other compensation from such an offender are reserved.

9. If there is a dispute as to the identity of an entrant, the Promoters reserve the right, in their discretion, to determine the identity of the entrant.

10. This is a game of chance. 1 bottle purchased receives ONE entry to the draw, Double Subscription and Double Ups get FOUR entries! With full case orders getting a huge 12 entries, and so on! We will randomly select the winners using a computer. Winners will be notified by Email and their details published at https://thewhiskyclub.com.au/win

The two Lark prize winner will each win one (1) Lark Prize pack including Lark limited release whiskies and an accessory. Prize is non-transferrable for cash or any other prize.  

11. If, for any reason, a winner does not accept the prize (or an element of the prize) by the time stipulated by the Promoters, then the prize (or that element of the prize) will be forfeited and cash will not be awarded in lieu.

12. Entrants agree that they are fully responsible for any information or materials they submit via the promotion including, but not limited to, their name, entry, comments, recordings and images (“Content”). The Promoters shall not be liable in any way for such Content to the full extent permitted by law. The Promoters may amend, remove or decline to publish any Content without notice for any reason whatsoever, and the Promoters may remove entries at any time in their absolute discretion. Entrants warrant and agree that:

(A) they will not submit any Content that is unlawful or fraudulent, or that the Promoters may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, indecent, inappropriate, or otherwise unsuitable for publication;

(B) their Content shall not contain viruses or cause injury or harm to any person or entity;

(C) they will obtain prior consent to submit the Content in accordance with these Terms and Conditions from any person or from the owner(s) of any property, including intellectual property, that appears in their Content;

(D) they own the copyright and/or intellectual property rights in the Content and have the rights in the Content to the uses contemplated by these Terms and Conditions; or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

(E) to the extent permitted by law, they unconditionally and irrevocably consent to any use of the Content or act or omission which may otherwise infringe any moral rights in the Content and warrant that they have the full authority to grant these rights; and

(F) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems; and Instagram’s requirements.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

13. As a condition of entering this promotion, each entrant licenses and grants the Promoters and their affiliates and sub-licensees an unrestricted, royalty-free, perpetual, worldwide, irrevocable, transferable and divisible right and licence to use, reproduce, modify, adapt, publish and display their entry (which shall include Content), or part of their entry, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. If requested by the Promoters, the entrant agrees to sign any further documentation required by the Promoters to give effect to this arrangement.

14. The major prize winner agrees to photograph their prize and share their content with The Promotor.

15. Any cost associated with entering the promotion, or any promotional website is the entrant’s responsibility and is dependent on the Internet service provider The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

16. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters’ ability to proceed with the promotion on the dates and in the manner described in these Terms and Conditions, including but not limited to technical or telecommunications problems (including security or data breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoters may in its absolute discretion modify, cancel, terminate or suspend the promotion, and/or recommence it from the start on the same Terms and Conditions.

17. To the extent permitted by law, the Promoters and/or their associated agencies and companies, will not be liable for any damages, misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:

(A) during the entry process or winner determination process;

(B) in the acceptance, participation or use of any element(s) of the prize;

(C) as a consequence of late, lost, failed, delayed, inaccurate or misdirected entries or other communications;

(D) due to the broadcast of any program relating to the promotion, or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; and/or

(E) arising from or related to any problem or technical malfunction (including security or data breaches) of any Internet, software, or telecommunications related to or resulting from participation in this promotion.

18. The Promoters and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available.

19. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

20. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) acceptance, participation or use of the prize.

21. It is a condition of taking the prize that a winner sign a legal release and indemnity in a form determined by the Promoter.

22. Entry details are collected by and remain the property of the respective Promoters and their related entities for the purpose of conducting and promoting this promotion, including for the purpose of identifying and notifying winners. The Promoter will handle entrant’s personal information in accordance with their respective Privacy Policies which can be viewed below, on this page and which contains information regarding how you can access your personal information, correct it and/or make a complaint about their handling of your personal information). By providing your personal information, you agree to the terms of their respective Privacy Policies. Without limiting the foregoing, the Promoters may disclose the entrant’s personal information to their related entities, business partners and external service providers for the purpose of processing and conducting the promotion, for promotional purposes surrounding the promotion, research and profiling purposes, and for other purposes reasonably related to the entrant’s relationship with the Promoters. In addition, by entering this promotion, you consent to the Promoters using your personal information for the purpose of the Promoters’ and their related entities sending you information regarding programs, products and services available through them and/or through their business partners, and to the Promoters sharing your personal information with its related entities for the purpose of those entities sending you such information directly.

23. The promoters reserve the right to change the terms and conditions of the competition at their discretion.

 

Privacy Policy

This Privacy Policy discloses the privacy practices for the website and various related services, toolbars, files and software that may be used, accessed, run or downloaded from this website along with any third party software that may be made available in conjunction with or through the foregoing (together referred to as the “Site”). As the provider of the Site, we are committed to protecting your privacy online. In a nutshell our privacy policy states that we will never rent, sell or lease your information to anyone else. So, please read the information below to learn the following regarding your use of the Site.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing e-mail to the e-mail address listed by registered users, if any and by posting the revised policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review the Site and this Policy periodically and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your acknowledgement of the modified Policy and your agreement to abide and be bound by the modified Policy.

1. Types of Information Collected

In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using the Site.

Personally identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on the Site, such as registering for a membership, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities, however, we may ask that you provide us personal information such as your first and last name, mailing address, e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on the Site in several ways. This information is complied and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.

2. Collection Methods and Use of Information

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you register for our services and register your e-mail address with us, enter sweepstakes or contests sponsored by us or one of our partners, sign up for special offers from selected third parties, send e-mail messages, submit forms or transmit other information by telephone or letter or submit your credit card or other payment information when ordering and purchasing products and services on the Site. We may also collect information from you at other points on the Site that state that such information is being collected.

In addition, we may also collect, or third parties including our ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer the Site and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at the Site.

We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of the Site, fill orders, improve our marketing and promotional efforts, statistically analyze Site use, improve our product ad service offerings, and customize the Site’s content, layout and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices.

3. Release of Information

We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, service providers, partners and other third parties. We (and our service partners) use your Personally Identifiable Information to operate the Site and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on the Site, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control. We have no control over the use our service partners make of your Personally Identifiable Information and accordingly we deny any liability associated with the use of such information by such parties.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we win good faith believe to be unlawful.

We may also provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

4. User Choices on Collection and Use of Information

We may, from time to time, send you e-mail regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from our partners and us. Only we (or agents working on behalf of us and under confidentiality agreements) will send you these promotional offers and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of the Site may not work properly in your case.

5. Security of Information

At the Site you can be assured that your Personally Identifiable Information is secure to levels consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside our company you will not be asked to select a password in order to view or modify such information.

In order to most efficiently serve you, established third party banking, processing agents and distribution institutions handle credit card transactions and order fulfillment. They receive the information needed to verify and authorize your card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitation of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed; and (c) any such information and data may be illegally viewed or tampered with in transit by a third party.

6. Cookies

When you use the Site we will store cookies on your computer in order to facilitate and customize your use of the Site. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to the Site. The cookies make your use of the Site easier, make the Site run more smoothly and help us maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of the Site may not work properly in that case.

We may use a third party ad serving company to display banner advertisements on the Site. As part of their service, they will place a separate cookie on your computer but we will not provide any third-arty ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and mail code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on the Site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.

7. Privacy Policies of Third Party Sites and Third Party Software

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through the Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties.

Additionally, in using or visiting the Site you may come into contact or use third party software or services which we may not be aware of being on the Site. Such parties, whether we are aware of their presence on the Site or not, have their own privacy policies and we have no control over what use they may make of your information. Furthermore, other companies, which place advertising on the Site, may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information nor can we control the use of such information. You should contact thee advertisers directly if you have any questions about their use of the information that they collect.

8. Miscellaneous Privacy Issues

You must be at least 18 years old to have our permission to use the Site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc) in the discussion forums or other public areas on the Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on the Site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your personal information as well as any passwords and/or account information. Please be careful and responsible whenever you are online.

If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us.

April 2014

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