Terms And Conditions
About This Website
- This website is published by Jance Pty Ltd A.C.N. 13 650 451 273 trading as Jance Distillery.
- “Application for Credit“ means the application for credit account form required to be completed to be eligible to become an Approved Creditor;
- “Approved Creditor“ means a person or entity who completes an Application for Credit and is approved as a creditor by Jance Distillery in the absolute discretion of Jance Distillery;
- “Authority“ means any government, semi-governmental, statutory, administrative, fiscal or judicial body, department, commission, authority or tribunal;
- “Back Order“ means any order placed by the Buyer for a Good that Jance Distillery. does not have in stock at the time of that order;
- “Buyer“ means You, a purchaser or potential customer of Goods from Jance Distillery. through the website, and includes an Approved Creditor (where relevant);
- “CC Act“ means Competition and Consumer Act2010 (Cth);
- “CC Act Implied Term“ means, in respect of any sale or supply of Goods by Jance Distillery. to the Buyer, any term, condition, consumer guarantee or warranty, for the benefit of the Buyer, implied by or arising under the CC Act in relation to that sale or to the supply of those Goods, or otherwise implied by any similar written or unwritten Law of any State or Territory of Australia;
- “Claims“ includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts and judgments at Law or in equity or arising under the provisions of statute;
- “Due Date“ means, in respect of a sale of Goods by Jance Distillery. to a:
- Buyer who is not an Approved Creditor, immediately;
- Buyer who is an Approved Creditor, fourteen (14) days from the date shown for payment on any invoice to be rendered by Jance Distillery. and if a date is not shown, the date prescribed by Jance Distillery. as the due date for payment for the Goods the subject of that invoice;
- “Goods“ means the products and services provided by Jance Distillery, the subject of an order placed by the Buyer with Jance Distillery. and accepted by Jance Distillery. and “Good“ means any one of them;
- “GST“ means the tax imposed or sought to be imposed by the GST Acts;
- “GST Acts“ means A New Tax System (Goods and Services Tax) Act 1999and related imposition Acts of the Commonwealth;
- “Guarantor“ means the director of the Buyer where the Buyer is a proprietary limited company, and where more than one, each of them jointly and severally;
- “Intellectual Property“ means any intellectual or industrial property owned by Jance Distillery. or used in connection with the business of Jance Distillery, including without limitation:
- any graphics, logos distinctive brand features, text, icons and the arrangement of them;
- any patent, know/how, trade mark, service mark, copyright, invention, design, trade secret or confidential information;
- any licence or the right to use or to grant the use or to be the registered proprietor or user, of any of the foregoing;
- any computer software licence agreement and maintenance agreements;
- the trade marks, business names, whether registered or unregistered of Jance Distillery.;
- any registered domain names of Jance Distillery.;
- any intellectual property created by contractors or other third parties engaged by Jance Distillery. or a related party of Jance Distillery. and vested in Jance Distillery. by way of agreement; and
- any other intellectual property or rights whether registered or not used in connection with or forming part of the business of the Jance Distillery.;
- “Interest Rate“ means three per centum (3%) per calendar month;
- “Law“ means all statutes, ordinances, regulations, subordinate legislation, by-laws, industrial laws, Australian standards and all orders, directions, codes of practice or requirements of any Authority;
- “PPS Act“ means Personal Property Securities Act2009 (Cth);
- “Price List“ means the list of Goods and prices for those Goods, notified by Jance Distillery. to the Buyer, as current from time to time;
- “Privacy Act“ means the Privacy Act1988 (Cth);
- “Promotional Material“ means any material provided by Jance Distillery. to the Buyer for the purpose of promoting sales of Goods and includes all Intellectual Property in that material;
- “You“ means the user of the website and includes all Buyers.
Unless the context otherwise requires:
- references to any statute, ordinance or other Law includes all regulations and other instruments thereunder and all consolidations, amendments, re-enactment’s or replacements thereof;
- words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person must be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
- Jance Distillery may, at any time, add or remove content from this website without notice.
- Although Jance Distillery uses its best endeavours to confirm the accuracy of any information published on this website, You agree that Jance Distillery cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Jance Distillery. You agree to make your own enquiries to verify information provided.
- The information, materials and services on or available through this website are provided for general information purposes only. Information is current at the time of first publication. Information provided on and through this website is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to Jance Distillery.
- This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Jance Distillery does not in any way represent that Jance Distillery recommends or endorses the relevant advertiser, its products or services.
- Neither Jance Distillery nor any third party will be liable for any errors in content, or for any actions You take in reliance on them. Neither You nor any other person may hold Jance Distillery liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
- Jance Distillery may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Jance Distillery does not accept any responsibility in connection with your participation in activities conducted by any other party.
USE OF THE WEBSITE
- You agree that You will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate Law enforcement authorities.
- Jance Distillery may stop (temporarily or permanently) providing access to this website to You, or to guests or members generally, at its discretion and without prior notice to You.
- Jance Distillery may in its sole discretion restrict your access to this website. If Jance Distillery does this, You may be prevented from accessing all or parts of the website. Jance Distillery will not be liable to You or any third party for doing so.
- As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
INTELLECTUAL PROPERTY RIGHTS
- Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Jance Distillery makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
- You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Jance Distillery or, in the case of third-party material, from the owner of the copyright in that material.
- You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
- If you correspond or otherwise communicate with Jance Distillery, you automatically grant to Jance Distillery an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.
- You acknowledge that to the extent permissible by Law, the Intellectual Property is the exclusive property of, and is owned by, Jance Distillery if the Goods are transformed or mingled with other goods.
- You must not at any time, without the prior express written consent of Jance Distillery, apply for registration of any patent, business name, trade mark, company name or domain name which includes the Intellectual Property or any part of the Intellectual Property or is substantially similar to the Intellectual Property.
LINKS TO OTHER WEBSITES
- Jance Distillery reserves the right to prevent third parties from linking to this website.
SECURE DATA AND TRANSMISSIONS
- Given the nature of the internet, Jance Distillery cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Jance Distillery does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Jance Distillery and its third parties take precautions to protect information, Jance Distillery does not warrant and cannot ensure the security of any content or information You transmit via the website. You therefore use the website at your own risk. However, once Jance Distillery or its third party receives your transmission, Jance Distillery and its third parties will take reasonable steps to preserve its security.
- You must take your own precautions to ensure that the process which You use to access the website or any website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Jance Distillery nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
Subject to Law:
PRICES AND PAYMENT
- With each delivery of Goods sold or supplied by Jance Distillery to the Buyer, Jance Distillery may issue to the Buyer an invoice for: (a)the Price of the Goods delivered, calculated in accordance with the Price List for those Goods current on the date of acceptance by Jance Distillery of an order from the Buyer in respect of those Goods; and (b)all applicable delivery charges, freight, levies, goods and services taxes and any other taxes or charges applicable to the supply of those Goods.
- Jance Distillery may replace or vary any Price List from time to time prior to the placement of any order for Goods by the Buyer.
- The Buyer must pay Jance Distillery for Goods supplied by the Due Date.
- The Buyer must not deduct any amounts from any payments owing to Jance Distillery (whether by way of set-off or otherwise) unless otherwise agreed in writing by Jance Distillery.
- All prices, charges, fees or other amounts payable by the Buyer to Jance Distillery in accordance with any Price List, invoice or statement shall be calculated without including an amount for GST, unless it is clearly stated in that Price List, invoice or statement that the prices, charges, fees or other amounts payable include GST.
- If Jance Distillery is required to reimburse the Buyer for any expense or liability incurred, the amount of the reimbursement payment must be reduced by the amount of any input tax credit claimed in connection with that expense of liability.
- The Price must be paid in cleared funds, by credit card by the Due Date.
If the Buyer fails to make a payment for Goods by the Due Date, interest will accrue at the Interest Rate from the Due Date until the date on which such payment is made.
LIMITATION OF LIABILITY
- Subject to Law, Jance Distillery makes no representation and gives no warranty in relation to any sale or supply of Goods by Jance Distillery to the Buyer.
- To the extent permitted by Law, in respect of each sale or supply of Goods by Jance Distillery to the Buyer: (a) each CC Act Implied Term is expressly excluded; and (b) the liability of Jance Distillery is limited to the lowest of the cost of replacing the Goods, supply of equivalent product, or having the Goods repaired.
Other than as required by Law, You must refrain from: (a) naming Jance Distillery in any content, advertising, marketing or promotion; and (b) disclosing the identity of Jance Distillery to any third party in relation to the creation or supply of the Goods, unless expressly authorised by Jance Distillery in writing.
PROVISION OF MATERIAL BY JANCE DISTILLERY
- All Promotional Material shall at all times remain the property of Jance Distillery.
- You must return all Promotional Material to Jance Distillery upon demand by Jance Distillery.
FREIGHT, INSURANCE AND DELIVERY
- Jance Distillery will, if requested by the Buyer, at the cost and risk of the Buyer, arrange for the delivery of Goods to the Buyer at the address nominated by the Buyer.
- Risk in Goods sold by Jance Distillery to the Buyer passes from Jance Distillery to the Buyer upon despatch from the warehouse of Jance Distillery. Jance Distillery has no obligation to arrange for insurance of Goods against the risks of carriage.
- If Jance Distillery agrees to arrange freight and insurance, or both, in respect of any Goods sold or supplied by Jance Distillery to the Buyer, the Buyer must pay and reimburse Jance Distillery for all such costs.
- Jance Distillery shall not be liable for any loss or damage due to any failure by Jance Distillery to deliver any Goods promptly, or at all.
- Delivery dates or times indicated by Jance Distillery to the Buyer are approximate only and do not constitute a guarantee of delivery or delivery by such date or time. No time of the essence transaction will be considered by Jance Distillery unless agreed in writing by Jance Distillery.
- Goods may be placed on Back Order if agreed in writing by Jance Distillery. Those Goods shall be supplied by Jance Distillery as soon as reasonably practicable upon Jance Distillery receiving those Goods.
- Jance Distillery may, in the sole discretion of Jance Distillery, delay delivery of any Goods until Jance Distillery has received payment from the Buyer of all money due by the Buyer to Jance Distillery in respect of those Goods and any other Goods previously sold by Jance Distillery to the Buyer.
CLAIMS, RETURNS OR CANCELLATION OF ORDERS
- The Buyer has no right to cancel, or vary, any order for Goods after Jance Distillery has accepted that order.
- If for any reason Jance Distillery permits the Buyer to cancel an order for Goods, the Buyer must pay Jance Distillery a fee equivalent to twenty five percent (25%) of the price for those Goods that would, apart from cancellation of the order, be payable by the Buyer to Jance Distillery.
- If Jance Distillery accepts a return of Goods from the Buyer, any amount payable by Jance Distillery to the Buyer as a result of that return of Goods is not payable in cash by Jance Distillery to the Buyer, but may only be applied in reduction of the price payable by the Buyer to Jance Distillery for future Goods sold by Jance Distillery to the Buyer.
Risk in all Goods sold or supplied by Jance Distillery to the Buyer passes to the Buyer upon the first to occur of:
- delivery of those Goods by Jance Distillery to the Buyer; or
- despatch by Jance Distillery of those Goods from the warehouse of Jance Distillery to the Buyer.
PERSONAL PROPERTIES SECURITIES ACT 2009 (CTH)
- Notwithstanding any other term, the Goods and any other products delivered by Jance Distillery to the Buyer shall remain the sole and absolute property of Jance Distillery as legal and equitable owner, until the date the first of the following occurs: (a) there are no longer any amounts owing to Jance Distillery for those Goods; (b)Jance Distillery registers a Financing Statement (as that term is defined in the PPS Act) in respect of those Goods; and (c) the Buyer sells or transforms those Goods in accordance with this clause.
- Until and unless the Buyer has paid Jance Distillery in full for the Goods, the Buyer must: (a) store those Goods on its premises separately from any other goods that may be in the possession of the Buyer and in a manner which makes them readily identifiable as the Jance Distillery’s Goods; (b) hold those Goods as the Jance Distillery’s bailee; (c) return those Goods to Jance Distillery on demand; and (d) immediately pay to Jance Distillery the proceeds of any sale of those Goods or hold any proceeds of the sale of those Goods on trust for Jance Distillery in a separate account.
- The Buyer agrees that the Buyer shall only sell Goods in respect of which the Buyer has not made full payment to Jance Distillery on the conditions that any such sale is conducted at arm’s length and is for the full market value of those Goods and Jance Distillery has not demanded the return of those Goods.
- The Buyer grants to Jance Distillery a Purchase Money Security Interest (as that term is defined in the PPS Act), in all Goods as security for all amounts owing and unpaid by the Buyer to Jance Distillery in respect of those Goods.
- Jance Distillery may apply to register a Financing Statement, or a Financing Change Statement (as that term is defined in the PPS Act), from time to time, in relation to a Purchase Money Security Interest, without notice to the Buyer.
- Until all amounts owing to Jance Distillery for Goods have been received from the Buyer by Jance Distillery, the Buyer grants an exclusive, irrevocable licence to Jance Distillery to enter any premises where Goods for which payment in full has not been received by Jance Distillery are kept to take possession of those Goods and to use all reasonable force in doing so without any liability for any resulting damage.
- The Buyer acknowledges and agrees that Jance Distillery may exercise any and all remedies afforded to a Secured Party (as that term is defined in the PPS Act) under the PPS Act including, but not limited to, entry into any building or premises owned, occupied, or used by the Buyer, to search for and seize, dispose of or retain those Goods in respect of which the Buyer has granted to Jance Distillery a Purchase Money Security Interest.
- The Buyer and Jance Distillery agree to exclude the following sections of the PPS Act in respect of all Goods: (a) sections 95, 121(4), 130 and 135 of the PPS Act (to the extent that Jance Distillery is required to give notice to the Buyer); and (b) sections 96, 120, 125, 129(2), 132(3)(d), 132(4), 135, 142 and 143 of the PPS Act.
- To the extent permitted under the PPS Act, the Buyer expressly waives its right to receive from Jance Distillery a copy of any Financing Statement, Financing Change Statement or Verification Statement (as that term is defined in the PPS Act) that is registered, issued or received at any time in relation to any Goods.
- These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether part of these Terms or otherwise, pursuant to such Jance Distillery may give credit to the Buyer.
- Subject to Law, Jance Distillery has no liability to the Buyer, or any person claiming through or under the Buyer for Indirect or Consequential Loss.
PRIVACY ACT 1988 (CTH)
- Jance Distillery is aware of its obligations under the Privacy Act including under the Australian Privacy Principles, and it takes these obligations very seriously and will at all times comply with its obligations under the Privacy Act.
- You consent to the collection and use of Personal Information (as defined in the Privacy Act) by Jance Distillery in order to enable Jance Distillery to carry on its business and supply the Goods.
The Buyer will not by virtue of these Terms be, or for any purpose be deemed to be, an agent of Jance Distillery.
Cookies may be used on this website to gather data in relation to this website and You consent to this (although You may be able to disable cookies on your web browser).
USE OF YOUR INFORMATION AND MATERIAL
Jance Distillery appreciates any suggestions (“unsolicited ideas”) You may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that You submit will not be regarded as confidential and will become the property of Jance Distillery. Jance Distillery may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate You.
- Jance Distillery makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to the availability, functionality or performance of such any information, content, materials or products, except as otherwise provided under any applicable Law.
- Jance Distillery does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside its control), which You may directly or indirectly suffer in connection with your use of this website or any linked website, nor does Jance Distillery accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by Law, Jance Distillery disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
- The use of the information on this website is at your own risk. To the extent permitted by Law, Jance Distillery excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by Law, Jance Distillery limits its liability to the re-supply of the relevant information or services.
- You agree to indemnify Jance Distillery and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that You provide via this website or any damage that You may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
GOVERNING LAW AND JURISDICTION