Terms Of Use

SNOWY MOUNTAINS SPIRITS WEBSITE TERMS OF USE
THIS WEBSITE

  1. This website is owned and published by Snowy Mountains Spirits (“SMS”), holder of Online Packaged Liquor Licence number LIQP770017653 and located in Australia.
  2. Your use of www.snowymountainssiprits.com (the “SMS Website”) is subject to these terms of use (“Terms of Use”).
  3. If you view, access or use the SMS Website you agree to be legally bound by these Terms of Use, and you will be deemed to have read, understood and accepted these Terms of Use.
  4. If You do not accept these Terms of Use, you must not use the SMS Website or any of its services.
  5. You warrant that you are over the age of 18 or otherwise lawfully entitled to purchase alcohol in the jurisdiction from which you access the Website.   
  6. These Terms of Use govern your access to and use of the SMS Website and not to the purchase of goods or services offered to you for purchase from the SMS Website. If You enter into any transaction, or have any other dealings with us via the SMS Website, then such transaction or dealings will be governed by the terms of a separate agreement between you and SMS.
  7. Headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms.

SMS Website Content

  1. SMS may, at any time, add or remove content from the SMS Website without notice. Your continued use of the SMS Website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended.
  2. Any articles, information or content published on the SMS Website must be read subject to these Terms of Use.
  3. All content on the SMS Website, including, without limitation, any statement, representation and information is of a general nature only. Although SMS uses its best endeavours to ensure the accuracy of any information published on the SMS Website, you agree that SMS is not liable for inaccuracies or errors caused by incorrect information supplied to or by SMS. You agree to make your own enquiries to verify any statement, representation and information provided.
  4. Unless otherwise specified, any content on the SMS Website is presented solely for your private, personal and non-commercial use. SMS has reasonably endeavoured to ensure that the SMS Website complies with Australian law. However, SMS makes no representation nor gives any warranty that any content on the SMS Website is appropriate or available for use in locations outside of Australia.

Use of the SMS Website

  1. You agree to use the SMS Website only for purposes that are permitted by these Terms of Use, any applicable Law or regulation and/or generally accepted legal practice or guidelines.
  2. You agree that You will not engage in any activity that interferes with or disrupts the SMS Website or its content or the servers and networks that host the SMS Website.
  3. SMS may suspend or withdraw the SMS Website, or change or remove functionality of the SMS Website at any time without notice to you.
  4. SMS may stop (on a temporary or permanent basis) providing access to the SMS Website to you at its discretion and without prior notice. Where your access to the SMS Website is stopped, suspended or terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive.
  5. You may view or access any content on the SMS Website in accordance with these Terms of Use but you may not otherwise use, reproduce or exploit the content, any intellectual property in the content or any other intellectual property accessible on or via the SMS Website without obtaining prior written consent from SMS.
  6. In addition to any other prohibition set forth in the Terms of Use, you are prohibited from using the SMS Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any laws;
(d) to infringe upon or violate SMS’s intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or
(j) for any obscene or immoral purpose.
  1. You agree that you cannot make any claim against SMS for any loss or damage suffered by you as a result of any action taken by SMS pursuant to this

Disclaimers and Limitation of Liability

  1. SMS does not guarantee, represent or warrant that use of the SMS Website will be uninterrupted, timely, secure or error-free.
  2. You expressly agree that your use of, or inability to use, the SMS Website is at your sole risk.
  3. In no case shall SMS, its owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the SMS Website or any products procured using the SMS Website, or for any other claim related in any way to your use of the SMS Website or any product obtained via the SMS Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the SMS Website or any content (or product) posted, transmitted, or otherwise made available through or via the SMS Website, even if advised of their possibility. If a jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, SMS’ liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless SMS and its owners, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Privacy policy

  1. This Privacy Policy describes how SMS collects, uses, and discloses your Personal Information when you visit or make a purchase from the SMS Website.
  2. Personal Information is information that identifies an individual and may include, without limitation:-
  • Name;
  • Address;
  • email address;
  • phone number; and
  • date of birth.
  1. Personal Information may be obtained, without limitation, in the following ways: When you join the SMS mailing list, when you use the SMS Website to connect or interact with us, through any social media platform, when you order or purchase product.
  2. SMS collects your Personal Information for the primary purpose of providing our services to you and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing or unsubscribing directly through email.
  3. Where reasonable and practicable to do so, SMS will collect your Personal Information only from you. However, in some circumstances SMS may be provided with information by third parties. In such a case SMS will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
  4. Your Personal Information may be disclosed in a number of circumstances including, without limitation, the following:-
  • Third parties where you consent to the use or disclosure;
  • In order to protect SMS’ rights; and
  • Where required or authorised by law.
  1. Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
  2. When your Personal Information is no longer needed for the purpose for which it was obtained, SMS will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information will be kept by SMS for a minimum of 7 years.
  3. If you wish to access your Personal Information held by SMS, please contact SMS in writing. SMS will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information we may require identification from you before releasing the requested information.
  4. SMS will endeavor to take reasonable steps to ensure that your Personal Information is accurate, complete and up-to-date. If you find that the information SMS has is not up to date or is inaccurate, please advise SMS as soon as practicable so that your Personal Information can be updated.
  5. If you wish to have your Personal Information deleted please contact SMS.
  6. This Policy may change from time to time and is available on our website.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms of Use together comprise the entire agreement between you and SMS relating to the SMS Website and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in these Terms of Use will have any effect from the date of these Terms of Use.

Governing Law

These Terms of Use are governed by and construed in accordance with the Law of New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If You access this website in a jurisdiction other than New South Wales, Australia, You are responsible for compliance with the Law of that jurisdiction, to the extent that they apply. SMS makes no representations that the content of this website complies with the Laws of any country outside Australia.