Terms and conditions

  1. Terms and conditions
    1. General

    (a)      The terms (Terms) governing your use of https://thewhiskyset.com.au (Website) and The Whisky Set subscription (Subscription) (together referred as the Platform) provided, owned and operated by Hayman Enterprises Pty Ltd (ACN 141 195 968) trading as The Whisky Set and/or its Related Entities (as that term is defined in the Corporations Act 2001 (Cth)) (us/we), are set out below.

    (b)     By using the Website you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Platform. The Terms constitute the entirety of the terms and conditions of use with respect to the Platform unless otherwise expressly allowed for in writing by us.

    (c)      We reserve the right to vary any of the Terms, or any other policy or guideline regarding the Platform, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Platform each time you access the Website to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Website constitutes an agreement by you to be bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Platform or purchase any products or services from us.

    1. Your obligations

    You, at all times:

    (a)      warrant that your use of the Platform does not violate any applicable laws;

    (b)      confirm that you have elected to use the Platform of your own free will;

    (c)      confirm that you have not previously been suspended or removed from the Platform;

    (d)      confirm that you are eligible to use the Platform; in order to be eligible, you must be at least 18 years of age, and we reserve the right to verify any identification documentation that we may request, if we so determine in our absolute discretion;

    (e)      acknowledge that your use of the Platform may result in data usage charges from your mobile or internet provider;

    (f)      acknowledge that your use of the Platform may provide access to, and interaction with, third parties and their content, messages, images, or other materials;

    (g)      will always use the Platform, in a respectful, inoffensive and courteous manner;

    (h)      agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the Platform, including registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter” and/or “Instagram” (Social Media), and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;

    (i)       agree and acknowledge that registration through Social Media will allow us to have access to your Social Media content, subject to any content that is private and/or limited to that specific Social Media application;

    (j)       agree to maintain the security of your password and to keep your details correct and updated on the Platform;

    (k)      use the Platform at your own risk;

    (l)       acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall govern over any terms of our Privacy Policy; and

    (m)     agree that, in the event that an account is created under the name of a corporate entity, the authorised agent of such corporate entity, listed in the account details, hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.

    1. Registering for a Subscription

    (a)      In order to access the products and services provided through the Website, you must register as a subscriber member by creating an individual subscription account (Your Subscription). To register as a subscriber member, you will be required to provide certain information to us. Please refer to the Privacy Policy for details about our collection, storage and use of the information you provide on registration.

    (b)      You must ensure that your registration details for Your Subscription are true and accurate at all times and you must update your registration details from time to time when they change. Failure to keep your registration details up to date may result in purchases being sent to an incorrect address and we will not be liable for this.

    (c)      On registration, you agree to pay for our products and services as set out on the Website.

    (d)      Your Subscription is not transferrable to any other entity or person. You are the sole owner of Your Subscription and only you can retain, access and use Your Subscription. Your Subscription is your full responsibility.

    (e)     You agree that if you breach these Terms we may terminate Your Subscription at any time.

    (f)      You must be 18 years or older to use the Platform and to create a Subscription account. 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 use the Platform or join the Subscription and found to have falsely claimed to be 18 or over may be reported to the police.

    (g)      Your Subscription provides you with access to our payment facilities.

    (h)      Maintaining an active credit card is a requirement of Your Subscription. Your Subscription will be terminated if your credit card is invalid.

    (i)       We use Stripe services for the processing and management of payments for the Subscription. Our usage of Stripe may include fraud detection measures. By using Stripe, you agree to the Stripe terms of service and Stripe privacy policy, as amended from time to time. The Stripe terms of service are available at https://stripe.com/au/legal/ssa. The Stripe privacy policy is available at https://stripe.com/au/privacy. We accept no responsibility for your financial liability.

    (j)       You can terminate Your Subscription by unsubscribing at any time. There is no penalty for termination or minimum term required. You may terminate Your Subscription via your online account. Head to https://thewhiskyset.com.au/my-account, login to your account, select ‘Subscriptions’, select ‘View’ on the subscription you wish to cancel, and select ‘Cancel’.

    1. How the Subscription works

    (a)      The Subscription permits access to a release of 4 whisky bottles per year at times set by us.

    (b)      The Subscription operates on an “opt-out” basis. This means that, once you create Your Subscription, you automatically opt-in and agree to purchase each upcoming whisky bottle released by us, unless you opt-out or decline the offer within the allotted timeframe as set out further below.

    (c)      The buying process takes place over a 72hr period from midnight on the last Friday of the relevant month before each whisky release until midnight on the following Sunday (Opt-out Period).

    (d)      We send out details of the whisky to be released by email on the last Friday of the relevant month before each whisky release. This email contains details on the featured whisky release including pricing and may also include other products for you to purchase.

    (e)      By creating Your Subscription, you agree to receive email correspondence from us. It is your responsibility to ensure that our email addresses (taste@thewhiskyset.com.au) are whitelisted in your email program to ensure deliverability. We do not accept responsibility for non-delivery of emails.

    (f)      Subject to clause 4(g), you can opt-out from the purchase of the upcoming whisky bottle (decline the purchase) only during the Opt-out Period. Links will be provided in the email sent to you to complete this action. You can also make the opt-out election in your online Subscription account. Please contact us immediately if you are unable to opt-out or to access your online Subscription account.

    (g)      You can only opt-out of one whisky release per calendar year. If you opt-out more than once in a calendar year, there is no penalty, however, Your Subscription may be automatically terminated by us. You may apply to re-subscribe and Your Subscription may be re-instated by us at our absolute discretion.

    (h)      If you do not opt-out, your registered credit card will be debited and your whisky will be delivered to the address provided by you at registration.

    (i)       Whiskies released range from $230 – $270 a bottle. All prices are in Australian Dollars (AUD) and are inclusive of GST. Postage is charged per order for shipping Australia wide. We reserve the right to update the price of postage at our absolute discretion without further notification to you. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

    (j)       If you opt-out during the Opt-out Period you will receive a confirmation email from taste@thewhiskyset.com.au upon successfully processing an opt-out.

    (k)      It is your responsibility to ensure that the email address provided to us at registration is correct in order for the opt-out to be processed. Please ensure that you update this address in your online account if and when it changes.

    (l)       We reserve the right to accept or decline any late opt-outs received after the Opt-out Period. 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. Postage costs are non-refundable.

    1. Charging

    (a)      Unless otherwise stated and unless you have opted-out within the Opt-out Period, you will always be charged on the first Monday after the last Friday of the relevant month of each whisky release.

    (b)      Successful transactions will receive a tax invoice via email and declined transactions will be notified via email depending on stock availability.

    (c)      We may re-attempt to charge declined cards for the next two working days or until sold out. It is your responsibility to ensure you have sufficient funds available on your card and to update your account with your new payment details before your current card expires.

    (d)      If an order’s payment declines, it may be re-processed with items removed if that item has since sold out. In these situations, wherever possible, we work closely with our suppliers to source additional stock.

    1. Shipping and delivery

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

    (b)      Shipping and handling costs will be charged to your credit card.

    (c)      If you do 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 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.

    (d)      If the product is damaged in transit, please let us know and we may arrange a replacement of the product. We reserve the right to request evidence of damage in transit.

    (e)      Your parcel may require a signature on delivery. Should you elect to give the courier an “Authority to leave” then we cannot be held responsible for any issues that may arise from damage, loss or deterioration to the product once delivery has been made. We are not obliged to provide a replacement but may do so at its discretion.

    (f)      A person must not order or request a person under the age of 18 years to take delivery of liquor purchased from us.

    (g)      Orders can only be delivered within Australia.

    1. Liquor licencing

    All products and services offered by us are sold through Hayman Enterprises Pty Ltd (ACN 141 195 968), Liquor Licence 31959561.

    1. Site access

    (a)      When you visit our Website, we give you a limited license to access and use our information for personal use.

    (b)      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.

    (c)      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.

    (d)      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.

    1. Links to other websites

    Our Website contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to or on our Website. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

    1. Intellectual property

    All content published and made available on our Website is our property and the Website creators. This includes but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Website.

    1. Disclaimers

    (a)      Whilst we take all due care in providing our products and services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

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

    (c)      We also take all due care in ensuring that our Website is free of any virus 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.

    1. Statutory guarantees and warranties to consumers

    (a)      Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA) defines a consumer. Under the CCA we are a supplier of either goods or services or both to you, and as a consumer the CCA gives you statutory guarantees. All of those statutory guarantees are given by us to you if you are a consumer.

    (b)      If you are a consumer within the meaning of Schedule 2 of the CCA 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:-

    (i)       we will repair or replace the goods or any part of them that is defective; or

    (ii)      provide again or rectify any services or part of them that are defective; or

    (iii)     wholly or partly recompense you if they are defective.

    (c)      As a consumer under the CCA you may be entitled to receive from us notices under Schedule 2 section 103 of the CCA. In that regard:-

    (i)       If you are a consumer within the meaning of Schedule 2 of the CCA 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 CCA.

    (ii)      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.

    (iii)     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 CCA you may be entitled to receive from us notices under Schedule 2 section 103 of the CCA.

    1. Limitation of liability

    If you are not a consumer within the meaning of Schedule 2 of the CCA then this clause applies to you. If you are a consumer within the meaning of the CCA then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

    (a)      To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods or services again or payment of the costs of having those goods or services supplied again.

    (b)      We accept no liability for any loss whatsoever including consequential loss suffered by you arising from goods or services we have supplied.

    1. Indemnity

    Except where prohibited by law, by using this Website you indemnify and hold harmless us, our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms.

    1. Jurisdiction

    These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these Terms will be heard in Victorian courts and you agree to submit to the jurisdiction of those courts.

    1. Severability

    If any provision in these Terms 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 the remaining provisions will remain in full force and effect.

    1. Privacy Policy

    Please refer to our Privacy Policy for information on how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users.