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1 Introduction
2 Use of the Platform
3 Accounts
4 Orders
5 Price and payments
6 Delivery, title and risk
7 Australian Consumer Law
8 Limitations
9 Intellectual property
10 Content you upload
11 General
(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or complaints, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(g) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
12 Definitions
(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any 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. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(b) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
Blackham Holdings Pty Ltd (ACN 167 203 670)
Last update: 27 November 2023
13 Liquor sales
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
● Identity Data including first name, middle name, last name, date of birth and photographic identification.
● Contact Data including billing address, delivery address, email address and telephone numbers.
● Financial Data including bank account and payment card details (through our third party payment processor, Stripe).
● Background Verification Data including your passport number, driver licence number, photographic identification or other details requested as part of our age verification process to comply with our due diligence obligations and related ongoing monitoring commitments.
● Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
● Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
● Profile Data including your username and password for our Services, profile picture, purchases or orders you have made with us, support requests you have made, content you post, send, receive and share through our platform, information you have shared with our social media platforms, your interests, preferences, feedback and survey responses.
● Interaction Data including information you provide to us when you participate in any interactive features of our Services, including surveys, contests, promotions, activities or events.
● Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
● Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
● Sensitive information is a subset of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.
The information we collect
We collect personal information in a variety of ways, including:
● Directly: We collect personal information which you directly provide to us, including when you register for an account, through the ‘contact us’ form on our website or when you request our assistance via email, or over the telephone.
● Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.
● From third parties: We collect personal information from third parties, such as details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.
● From publicly available sources: We collect personal data from publicly available resources such as the Australian Securities and Investment Commission (ASIC) and professional networking sites such as LinkedIn.
Why we collect, hold, use and disclose personal information
We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.
Purpose of use / disclosure | Type of Personal Information |
---|---|
To provide our Services to you, including to dispatch and deliver our products to you. | ● Identity Data ● Contact Data ● Profile Data |
To assess whether to take you on as a new client, including to perform fraud and other background checks on you. | ● Identity Data ● Contact Data ● Background Verification Data |
To contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us. | ● Identity Data ● Contact Data ● Profile Data |
To contact and communicate with you about any enquiries you make with us via our website. | ● Identity Data ● Contact Data |
For internal record keeping, administrative, invoicing and billing purposes. | ● Identity Data ● Contact Data ● Financial Data ● Transaction Data |
For analytics including profiling on our website, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms. |
● Profile Data ● Technical and Usage Data |
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you. | ● Identity Data ● Contact Data ● Technical and Usage Data ● Profile Data ● Marketing and Communications Data |
To run promotions, competitions and/or offer additional benefits to you. | ● Identity Data ● Contact Data ● Profile Data ● Interaction Data ● Marketing and Communications Data |
If you have applied for employment with us; to consider your employment application. | ● Identity Data ● Contact Data ● Professional Data |
To comply with our legal obligations or if otherwise required or authorised by law. | ● Any relevant Personal Information |
Our disclosures of personal information to third parties
Google Analytics: We may have enabled Google Analytics Advertising Features including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits, Google Display Network Impression reporting etc. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.
Overseas disclosure
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not it may affect our ability to provide our Services to you and your use of our Services.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you also have the right to contact the Office of the Australian Information Commissioner.
Storage and security
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Tracking pixels
Cookies are not the only way to recognise or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”) on our website. These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Platform or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Platform to another, to deliver or communicate with cookies, to understand whether you have come to our Platform from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will often impair their functioning.
Links to other websites
Amendments
For any questions or notices, please contact us at: Blackham Holdings Pty Ltd (ABN 18 167 203 670)
Email: [email protected]
Last update: 27 November 2023