TERMS AND CONDITIONS
OVERVIEW
This website is operated by Whale Rock Brewing Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Whale Rock Brewing Pty Ltd.
Whale Rock Brewing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Whale Rock Brewing Pty Ltd is registered in New South Wales, ABN: 74 642 800 271. We are located in the North West of Sydney in The Hornsby Shire. For any enquiries, please email us at whalerockbrew@gmail.com
1. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. ENTERING OUR SITE
To enter our site, you are required to verify that you are 18 years or above. Not being truthful upon entering is illegal and further action may be taken against you. Whale Rock Brewing Pty Ltd reserves the right to refuse entry to our site for people under the age of 18.
3. SHOPPING ON WHALE ROCK BREWING SITE
Our orders are subject to availability of stock. Our products are only for sale when they’re in stock. However, due to demand, there may be a time where we are waiting for restock. In this case, a delay might occur, and we will communicate this with our clients in a timely manner. Once you have made your purchase on our website you will receive an email confirmation. Please make sure that your details are correct. Once this order has been completed and dispatched the sale will then be complete.
Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
4. PRIVACY
At Whale Rock Brewing Pty Ltd we respect and protect the privacy of our users. You can use this service without telling us who you are or revealing other personal Information. If you send us a contact or feedback form, you do not need to identify yourself or use your real name.
For online orders we ask for an address (for delivery) and contact email and phone number in case there are issues with an order. We do not share this information with anyone.
Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy.
whalerockbrewing.com.au also uses interfaces with social media sites such as Facebook, Instagram, LinkedIn, Twitter, and others. If you choose to “like” or “share” information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other Personal Information.
5. PAYMENT
Payment can be made by Visa, MasterCard and other methods which are advertised on our website. You are responsible to ensure that the card you are using belongs to you. Credit/Debit card holders will be subject to validation checks by their respective card issuer. All Debit/Credit card transactions are made through the online secure gateway payment that encrypt your card details in a secure environment. It is advised that you do not make payments when using unsecured public Wi-Fi.
6. DELIVERY & SHIPPING
We use a range of courier companies and AusPost to deliver our goods and merchandise. We Whale Rock Brewing Pty Ltd are required to comply with the liquor laws in New South Wales. This requires a person who purchases alcohol to be 18 years or older. Upon delivery the recipient of the goods must also be over the age of 18. Age verification may be required and failure to do so may require your delivery not being completed on the day.
Whale Rock Brewing Pty Ltd is currently unable to do same day delivery under our license conditions.
Shipping the item you purchase from Whale Rock Brewing will be done on the following business day. In the event of a delay in postage we will update you accordingly. We thank you for your patience.
7. RETURNS, REFUNDS & EXCHANGE
Upon delivery, in the event that your goods are damaged or faulty please contact us within 30 days of receiving your order and we will refund the value of the damaged goods. Whale Rock Brewing reserves the right to require for customers to provide proof that the goods were damaged or faulty as a prerequisite to receive a refund.
Refunds will be debited onto the card which was used to make the purchase. Whale Rock Brewing Pty Ltd will process your refund as soon as possible.
In the event that you change your mind after your purchase you can return you order within 30 days of receiving it and a full refund excluding shipping cost will be implemented. Please make sure that the goods are returned to sender in their original condition. Failure to do so may occur a cost that will be determined by Whale Rock Brewing Pty Ltd. We recommend sending returns via registered post as we do not accept responsibility for lost items.
8. CONTENT
The content on our site is defined as pictures, videos, sounds, text, and copy. Whale Rock Brewing Pty Ltd reserves the right to update and change content as we need. Using any content from our website or social media without prior consent is a breach of copyright and further action may be taken in this event. All content that is on the Whale Rock Brewing Pty Ltd website is made by us and we reserve the right for external parties to use this content. If you wish to use any of our content, please write to us via email whalerockbrewing@gmail.com
9. DISCLAIMER
This site is provided by Whale Rock Brewing Pty Ltd for the benefit of our customers and clients. Whale Rock Brewing Pty Ltd will not be liable for any loss and/or damage which occurs out of or in connection with any use of our website or products. By entering this website you agree to following and understanding the terms and conditions which are in place. If you fail to do so this will be at your own risk.
10. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
11. LIMITATIONS OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Whale Rock Brewing Pty Ltd, our directors, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12.QUESTIONS
Questions about our terms of service should be sent to us at whalerockbrew@gmail.com.