Terms & Conditions - MBD (Moriningside) $500 Pledge

These terms and conditions are the contract between you and Ales & Tales & Co Pty Ltd trading as My Beer Dealer and Brewski Bar (“us”, “we”, etc). By paying your $500 pledge you agree to be bound by them.

Ales & Tales & Co Pty Ltd, ABN 25 166 000 835, registered address is at 18B-26 Caxton Street, Petrie Terrace, Qld 4000.

This offer by My Beer Dealer is only open to a person aged 18 years or over. Under the Liquor Act 1992 (Qld), it is an offence to supply liquor to a person under the age of 18 years. You may be asked to show photo ID before your membership is confirmed. Ales & Tales & Co Pty Ltd trades in alcohol products under Qld Liquor Licence number 165757.

These terms and conditions must be read in conjunction with the Froth Society Membership Terms and Conditions. By agreeing to these terms, you are also agreeing to all terms and conditions stated in the Forth Society Membership Terms and Conditions.

Please read both agreements carefully and save a copy.

These are the agreed terms

Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

1.           Our contract

• These terms and conditions regulate the business relationship between you and us. By pledging $500 you agree to be bound by them.
• This offer is not available to those outside Australia.
• In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Benefits and Membership given on Our Website.
• Subject to these terms and conditions, we agree to provide to you some or all of the Benefits described on Our Website at the prices we charge from time to time.
• Our contract with you and licence to you last until the 31 December 2023, unless otherwise stated on Our Website. Any continuation after the expiry of your contract is at the sole discretion of us.
• The contract between us comes into existence only when we confirm in writing the acceptance of your Pledge. Your payment does not create a contract. If we decline your Pledge, we shall immediately return your money to your credit card or via the original method of payment.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.

2.           Your account and personal information

• You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
• You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
• You acknowledge and agree we may use the information we collect about you to maximise the Benefits we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
• You acknowledge and agree you may occasionally receive promotional material such as special offers or important messages from us.
• We do not and will not sell or deal in personal or customer information, however, you acknowledge and agree that we may use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve Our Website, Services and Benefits but not for any other use.

3.           $500 Pledge

• Details of the cost and benefits of the $500 Pledge are as set out on Our Website and in this contract. You can submit your Pledge by filling out a Pledge Application Form and paying the $500 pledge amount.
• Pledge’s must be submitted no later than Monday December 12. We reserve the right to extend this cut-off date and/or to accept Pledge’s submitted after this date. Any changes to the cut-off date will be posted on Our Website.
• By filling out and returning a Pledge Application Form to us you accept these terms and conditions and instruct us to activate your Membership. You know that by doing so, you may not be entitled to a refund.
• Membership can only be confirmed once payment of the pledged amount has reached our bank account.
• You will be issued with a Membership card once your Pledge has been processed and confirmed in writing by us. Membership cards are issued to the person whose name appears on the application form.
• A $500 credit will be applied to your Membership card.
• Pledge credit can be spent at any My Beer Dealer Location (excludes online and Brewski), however, Membership Benefits, including discounts, cannot be applied to any Purchases before the full $500 credit has been spent.
• There is no expiry on your credit.
• The terms and conditions governing the use of your Membership card are stated in the Frothy Society Terms and Conditions.

4.           Pledge Cap

• Membership numbers are capped at fifty (50).
• Once this cap is reached all new Pledge requests will be considered on a case by case basis.
• We retain the right, at our sole discretion, to increase or decrease the cap on Pledge numbers at any time.

5.           Benefits

• Pledge Benefits are clearly set out on Our Website.

6.           Renewal payments

• This is a one off $500 pledge and therefore renewal payments are not applicable.

7.           Refunds

• We handle Pledge refunds in accordance with the Australian Consumer Protection legislation.
• Requests for a whole or partial refund of the $500 will be assessed on a case by case basis. Purchases and Benefits already enjoyed will be taken into consideration when assessing refund requests. Requests must be made in writing to beer@mybeerdealer.com.au.
• To be eligible for a refund on your Merch Pack, it must be returned unused and in the same condition that you received it.
• If you receive a refund an administration fee, reflective of the time taken to process your refund, will be deducted from your refund.

8.           Security of your credit card

We take care to make Our Website safe for you to use.

• Card payments submitted through Our Website are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• No credit card details will be stored by us.

9.           Disclaimers

• This paragraph applies to the maximum extent permitted by law.
• You enter into this contract at your own risk and on an ‘as is’ basis.
• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
• We make no representation or warranty that the products will be:
  • useful to you;
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error;

10.      Duration and termination

• This agreement shall operate for the duration of this contract.
• You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email. We reserve the right to check the validity of any request to terminate membership.
• We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
• Termination by either party shall void the right to enjoy any Benefits of Membership.
• In the event of such termination by us, we will within fourteen (14) days refund to you the balance of your Pledge. Credit balance and Benefits already enjoyed will be taken into consideration when assessing this refund. Refer to paragraph 7 for refund terms and conditions.
• There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
• We retain the right, at our sole discretion, to terminate any and all parts of the Membership provided to you, without refunding to you any monies paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

11.      Limitation of liability

• To the maximum extent permitted by law, if we are liable to you directly or indirectly in relation to the Pledge (including any offers), that liability (howsoever arising) shall be limited to, at the option of us, to the supply of the services again, or payment for the costs of having the services supplied again.
• Neither party shall be liable to the other in any possible way, for any loss or expense which is:
  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill.
• Any claims arising in connection with your Membership must be brought within one (1) year of the date of the event giving rise to such action occurred.
• This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

12.      Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

• any act, neglect or default of yours in connection with this agreement or your use of the Services;
• your breach of this agreement;
• your failure to comply with any law;
• a contractual claim arising from your use of the Services.

13.      Miscellaneous matters

• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either of the parties by the other shall be delivered by hand or sent by registered post.

• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• This agreement does not give any right to any third party.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland.