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Website Terms & Conditions of Service and Use

These Terms of Service govern your use of the website located at https://down-south.com.au/ and any related services provided by DOWN SOUTH DISTILLERY. Please read carefully before using this site. 

All references to ‘us’, ‘we’ ‘our’, or ‘Company’ within this policy, as well as within the Privacy, Shipping, Refunds & Returns Policy, and Cookies Notice, are deemed to refer to DOWN SOUTH DISTILLERY PTY LTD, its subsidiaries, affiliates, and associates.

Authorised Access & Use of our Website

Only persons who are considered of legal age in their current residence Country/State may access and view our website as well as purchase alcohol from us.

By ticking the Acknowledgement and Confirmation box: [Nah-Yeah, I Am] on Entry to our website, you have legally advised us that you are of legal drinking age in your current Country/State of residence. 

Your access to this Website, https://down-south.com.au/, as well as continued use of this Website, will be regarded as your acceptance and consent to agree to, and abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by DOWN SOUTH DISTILLERY.

Variations

We, DOWN SOUTH DISTILLERY, reserve the right to review, modify and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

It is your responsibility to review this page for updates to these Terms of Service, Privacy Policy, Shipping Policy, Acceptable Use Policy, as well as Cookies Policy.

These Terms of Service were last updated on 2nd January 2023. 

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  2. remove any copyright or other proprietary notations from any materials and software on this website;
  3. transfer the materials to another person or “mirror” the materials on any other server;
  1. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service DOWN SOUTH DISTILLERY provides;
  2. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  3. use this website or its associated services in violation or breach of any applicable laws or regulations – local, national, or international law regulation;
  4. use this website in conjunction with sending, or procure the sending of unauthorised or unsolicited advertising, promotional material, or spam;
  5. harvest, collect or gather user data without the user’s consent; or
  6. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

In our sole discretion, we reserve the right to terminate your use of this Site where you are in breach of these terms.

Except as stated in these Terms of Service of Website use, the use of our site does not grant you any rights, interest, title, or license to any Materials you may access on this site. You agree that you are permitted to use this Material and/or content only as set forth in, and to the extent permitted by these Conditions of Use.

Intellectual Property

The intellectual property in the Material and Content, look and feel, design and compilation thereof, copyright, and other intellectual property rights, contained in this Website are owned by or licensed to DOWN SOUTH DISTILLERY, its subsidiaries, affiliates companies and/or any of its partners; and are protected by applicable copyright and trademark law. This includes and is not limited to the logos, images, brand & designs, trademarks, bottle designs, text, audio & video materials, web pages – which include code, interface, and website structure (“Materials”).

All Material on this website, including Company logo, brand & design, may not be copied, republished, reproduced, posted, uploaded, distributed, transmitted, removed, or commercially exploited or adapted in any way without the prior written consent by us.

We grant our users permission to download the cocktail recipes contained on this Site for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service and may be terminated by DOWN SOUTH DISTILLERY at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy. 

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, DOWN SOUTH DISTILLERY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall DOWN SOUTH DISTILLERY or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if DOWN SOUTH DISTILLERY or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. DOWN SOUTH DISTILLERY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. 

Links

DOWN SOUTH DISTILLERY has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by DOWN SOUTH DISTILLERY of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites. 

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service. 

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected. 

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of SOUTH AUSTRALIA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.