Welcome to The Cocktail Shop (owned by Melbourne Cocktails Pty Ltd).
By using this site, You (the User or Customer) accept these Terms in full. If You disagree with these Terms or any part of these Terms, You must discontinue using this site immediately.
Our Terms apply to every User who accesses any of the information or services that we provide on this site. In using this site, You warrant that You have read, understood and accept these Terms, and that You will comply with and be bound by our Terms of Use.
In accordance with Australian federal law, You must be over 18 years of age to use this site. By using this site You represent, acknowledge and agree that You are at least 18 years of age. Under the Liquor Control Reform Act 1998 it is an offence; To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000); For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700). Melbourne Cocktails Pty Ltd reserves the right to refuse service, terminate accounts, or cancel orders, in its sole discretion.
These Terms form a binding contractual agreement between You, the User of the site and our company, Melbourne Cocktails Pty Ltd. You represent and warrant to us that You have the legal capacity to enter these Terms, and that You have had sufficient opportunity to access and comply with these Terms.
Licence to Use
In accordance with these Terms, Melbourne Cocktails Pty Ltd grants You non-exclusive, non-transferable licence to use this site in the manner it is intended.
You acknowledge that Melbourne Cocktails Pty Ltd is the rightful owner or licensee of all content on The Cocktail Shop and that You must not copy, download, store, distribute or reproduce any of its contents in part or in full without our express written permission.
You must not change, edit or add any content on this site without our express written permission and unless You hold all necessary rights to do so.
You must not breach any law, regulation, rule, code or other legal obligation; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy, or infringes the intellectual property or other rights of any person. We do not endorse, recommend, sponsor or approve any such User generated content and the views expressed within that content.
Melbourne Cocktails Pty Ltd retains complete editorial control over the site and may alter, amend or cease the operation of the site at any time. We reserve the right to remove content deemed to be in breach of Copyright, or which in our reasonable opinion is deemed inappropriate.
The site may be unavailable from time to time, such as for maintenance purposes. We will not be liable for the site being temporarily unavailable due to technical issues beyond our control.
If any User is determined to be in breach these Terms, we reserve the right to block their use of the site, impermanently or indefinitely at our sole discretion. If their behaviour is deemed illegal we may bring court proceedings against them and enforce our legal rights.
Competitors
Competitors are not permitted to use or access any information or content on our site.
‘Competitor’ means any person, business, entity or organisation that is engaged in or intends to engage in the provision of any products or services similar or related to any products sold or services provided by Melbourne Cocktails Pty Ltd.
If any User is determined to be in breach these Terms, we reserve the right to block their use of the site, impermanently or indefinitely at our sole discretion. We may also bring court proceedings against them and enforce our legal rights to hold them fully responsible for any loss that we may sustain and accountable for all profits that they might make from such a breach.
Disclaimer
Melbourne Cocktails Pty Ltd endeavours to keep the information on this site up to date, error free and correct, we make no representations or warranties of any kind, express or implied, about the correctness, completeness, accuracy, reliability, suitability, availability or otherwise, with respect to the site or the information herein. Any reliance You place on the information is at Your own risk.
Information, advertisements or links to other websites, as placed on this site, do not necessarily imply sponsorship, endorsement, approval or arrangement of any kind between Melbourne Cocktails Pty Ltd and the rightful owners of that content. We take no responsibility for any content found on linked websites and accepts no responsibility for any information or advice provided to You directly by third parties.
Melbourne Cocktails Pty Ltd gives no warranty that our site or its server is free of viruses or any other harmful components. It is Your responsibility to ensure that You take any precaution necessary to minimise any risk You may be taking by using this site or its services.
Intellectual Property
Melbourne Cocktails Pty Ltd strictly reserves all Copyright on all information and materials on The Cocktail Shop, including, but not limited to, the design, laYout, services, content and documents contained herein. You must not copy, download, store, distribute or reproduce any of its contents in part or in full without our express written permission.
Any reproduction of any of the contents is prohibited in any form other than with our express permission, where You may print or download content for Your personal and non-commercial use only; and any redistribution of the contents must acknowledge this site as the source of the material.
Limitation of Liability
By using our site, You agree and accept that Melbourne Cocktails Pty Ltd is not legally responsible for any loss or damage You may incur in relation to Your use of the site, whether for inaccuracies, errors or omissions in our content or information, any goods or services we may offer or from any other use of the site or its services. This includes Your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this site is entirely at Your own risk, and Melbourne Cocktails Pty Ltd shall not be liable.
To the to the fullest extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by You or any third party, or claims made against You or any third party which result from any use or access of, or any inability to use or access the Site.
The liability of Melbourne Cocktails Pty Ltd is limited to the supply of goods or services, the replacement of the goods, or the payment of the cost of supplying the goods or services.
Indemnity
You are permitted to use this site if You agree to indemnify and hold Melbourne Cocktails Pty Ltd, and its officers, directors, employees and agents, harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to Your use of this site.
Severability
If any provision of these Terms is held to be illegal, void, invalid or unenforceable in any state or territory then such a clause shall not apply in that jurisdiction and is deemed never to have been included in these Terms in that state or territory. This will not affect the remaining provisions, which continue in full effect. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms.
Termination
These Terms terminate automatically if, for any reason, we cease to operate the Site.
We may otherwise terminate these Terms immediately, on notice to You, if You have breached these Terms in any way.
Disputes
By accepting these Terms, You agree to use Your best endeavours to negotiate and mediate with Melbourne Cocktails Pty Ltd to resolve any disputes arising from or in connection with these Terms. Please notify us in writing of any dispute You may have.
Jurisdiction
These Terms and this Site are subject to the laws of Victoria and Australia. If a dispute between You and Melbourne Cocktails Pty Ltd results in litigation, then You must irrevocably submit to the jurisdiction of the courts of Victoria.
Changes & Amendments
We reserve the right to amend these Terms. Any change, modification, addition or removal of any of the Terms in part or in whole will be entirely at our sole discretion and without notice. Any revisions to the Terms will apply immediately after publication on this site. By using this site, we assume You have read, understood and agree to any amendments to these Terms. Please check these Terms regularly if You intend to continue to use this site.
Entire Agreement
These Terms make up the entire agreement between You and Melbourne Cocktails Pty Ltd and supersede any prior agreement, understanding or arrangement between You and Melbourne Cocktails Pty Ltd whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.