© The Fathers Brewing Company Pty Ltd LIQP770017509 All Rights Reserved. ACN 641 491 876.
Terms and Conditions
Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
1) About the Website
(a) Welcome to thefathers.beer (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
(b) The Website is operated by The Fathers Brewing Co (ACN 641491876). Access to and use of the Website, or any of its associated Products or Services, is provided by The Fathers Brewing Co. Please read these terms and conditions (the ‘Terms’) carefully.
(c) By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. The Fathers Brewing Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Fathers Brewing Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2) Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Fathers Brewing Co in the user interface
3) Registration to use the Purchase Services
(a) In order to access the Purchase Services, you may first register as a user of the Website or use our guest checkout services. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
• Email address
• Preferred username
• Mailing and Delivery address
• Telephone number
• Password
• ABN
(b) You warrant that any information you give to The Fathers Brewing Co in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member or the Website (‘Member’) and agree to be bound by the Terms. As a member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
• you are not of legal age to form a binding contract with The Fathers Brewing Co; or
• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
• acknowledge that it is against the law to sell or supply alcohol or tobacco products to, or obtain alcohol or tobacco products on behalf of, a person under the age of 18 years; and
• warrant that you are over 18 years of age and are not obtaining alcohol (including liquor Products) or tobacco (including tobacco Products) on behalf of a person under the age of 18 years.
(e) All Orders that we accept for liquor products are only accepted, processed and distributed by us or third party couriers. The Orders and any acceptance or agreement are subject to our obligations under the various liquor licensing acts in the jurisdictions in which we operate and our obligations to comply with responsible service of alcohol obligations.
4. Your obligations as a member
(a) As a member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
• the Terms
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Fathers Brewing Co of any unauthorised use of your password or email address or any breach of security of which you have become aware of;
• access and use website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Fathers Brewing Co providing the Purchase Services;
• you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by The Fathers Brewing Co for any illegal or unauthorised use of the Website; and
• you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
(5) Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase price)
(b) Payment of the Purchase Price may be made through Stripe/ Apple Pay / Google Pay (the “Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by The Fathers Brewing Co, you will be issued with a receipt to confirm that the payment has been received and The Fathers Brewing Co may record your purchase details for future use.
(d) All sales is final. No refunds issued unless there is a major failure.
(e) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
6) Warranties
You warrant that:
i) all information and data provided by you to us through the website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
ii) the person receiving the Products on your behalf is authorised by you to do so; and
iii) you have and will comply with all relevant laws relating to your use of the site and your placement of any order with us.
iv) “Authority to leave” option is applicable at checkout.
(7) Delivery
(a) You acknowledge that the Purchase Services offered by The Fathers Brewing Co integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the Delivery Service Providers’).
(b) In providing the Purchase Services, The Fathers Brewing Co may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Fathers Brewing Co is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, The Fathers Brewing Co asks that you:
• contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
• contact us by sending an email to sales@thefathers.beer outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
(8) Copyright and Intellectual Property
(a)The Website, the Purchase Services and all of the related products of The Fathers Brewing Co are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by The Fathers Brewing Co or its contributors.
(b)The Fathers Brewing Co retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Fathers Brewing Co; or
• the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c)You may not, without the prior written permission of The Fathers Brewing Co and the permission or any other relevant rights owners” broadcast, republish upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(9) Privacy
(a) The Fathers Brewing Co takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Fathers Brewing Co’s Privacy Policy, which is available on the Website.
(10) General Disclaimer
(a) You acknowledge that The Fathers Brewing Co does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms
(b)The Fathers Brewing Co will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c)Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by the law. including the Australian Consumer Law for any liability under them) which by law may not be limited or excluded.
(d)Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) The Fathers Brewing Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e)Use of the Website, the Purchase Services, and any of the products of The Fathers Brewing Co (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Fathers Brewing Co, are provided to you on an “as is” and “as available” basis. without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Fathers Brewing Concluding any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Fathers Brewing Co) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience:
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) The Fathers Brewing Co’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Fathers Brewing Co is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that The Fathers Brewing Co, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) The Fathers Brewing Co is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Fathers Brewing Co, by third parties or by any of the Purchase Services offered by The Fathers Brewing Co.
(d) You acknowledge that The Fathers Brewing Co does not provide the Delivery Services to you and you agree that The Fathers Brewing Co will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by The Fathers Brewing Co as set out below.
(b) If you want to terminate the Terms, you may do so by:
• notifying The Fathers Brewing Co at any time; and
• closing your accounts for all of the Purchase Services which you use, where The Fathers Brewing Co has made this option available to you.
• Your notice should be sent, in writing, to The Fathers Brewing Co via the ‘Contact Us’ link on our homepage.
• The Fathers Brewing Co may at any time, terminate the Terms with you if:
• you have breached any provision of the Terms or intend to breach any provision;
• The Fathers Brewing Co is required to do so by law:
• the partner with whom The Fathers Brewing Co offered the Purchase Services to you has terminated its relationship with The Fathers Brewing Co or ceased to offer the Purchase Services to you;
• The Fathers Brewing Co is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service: or
• the provision of the Purchase Services to you by The Fathers Brewing Co is, in the opinion of The Fathers Brewing Co, no longer commercially viable.
(c) Subject to local applicable laws or liquor laws, The Fathers Brewing Co reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Fathers Brewing Co’s name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, Obligations and liabilities that you and The Fathers Brewing Co have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(13) Changes to these terms and conditions
(a) We may change these terms and conditions at any time, without notifying you and such modifications will be effective as soon as they are posted.
(b) If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you place your Order.
(14) External Links
(a) The Site may contain links to external websites that are not operated by us
(b) These links are provided for your convenience only and you agree that:
• we make no representations or warranties, or have any responsibility or liability for those websites; and
• these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
• You agree that you access and use the products and services made available at those sites solely at your own risk.
(c) If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
(d)This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
(15) Product Reviews
We are not responsible for reviews or comments left on this site by users and accept no liability for the accuracy, completeness or truthfulness of those reviews.