Terms & Conditions - Froth Society Membership

Froth Society Membership

Terms and Conditions

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 membership fee 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.

Any membership offered 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.

Please read this agreement 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:

“Bar”

means the premises from which Brewski Bar trades at 18B-26 Caxton Street, Petrie Terrace Qld 4000. Includes the point of sale (POS) terminals used exclusively for Brewski Bar transactions.

“Benefits”

means all benefits provided to members of the My Beer Dealer Froth Society as set out on Our Website and in this contract. This may include but is not limited to discounts on Purchases, free merchandise, and access to Membership events, either free or ticketed.

“Bottle Shop”

means the premises from which My Beer Dealer trades at 18B-26 Caxton Street, Petrie Terrace Qld 4000. Includes the point of sale (POS) terminals used exclusively for My Beer Dealer transactions.

“Drink-in”

means to be consumed on-site. It includes Purchases from the Bottle Shop and/or Bar to be consumed on site.

“Merch Pack”

means Membership merchandise pack. It includes items listed on Our Website.

“Membership”

 

means membership to the My Beer Dealer Froth Society. It includes the membership benefits we provide as set out on Our Website and in this contract.

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us Ales & Tales & Co Pty Ltd. It includes all web pages controlled by us.

“Purchases”

means any goods or services purchases from the Bottle Shop or Bar.

“Services’

means all of the services available from Our Website, whether free or charged.

“Take-Away”

means to be taken off-site. It includes Purchases from the Bottle Shop and/or the Bar to be consumed off-site.

1.           Our contract

  • These terms and conditions regulate the business relationship between you and us. By buying a Membership you agree to be bound by them.
  • Benefits and Membership are 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 2019, unless otherwise stated on Our Website. Any continuation by us or by you after the expiry of your contractis a new contract under the terms then posted on Our Website. Your continued use of your Membership after that shall be deemed acceptance by you of the changed Benefits, system and/or terms.
  • The contract between us comes into existence only when we confirm in writing your Membership application. Your payment does not create a contract. If we decline your Membership application, 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.           Membership Subscriptions

  • Details of the cost and benefits of Membership are as set out on Our Website. You may apply for membership by filling out an Application Form and paying the applicable membership fee as stated on Our Website.
  • By filling out and returning an 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 membership fee has reached our bank account.
  • You will be issued with a membership card once your application for Membership has been finalised and confirmed in writing by us. Membership cards are issued to the person whose name appears on the application form.
  • You may not transfer your Membership to any other person(s).
  • You must present your membership card at the time of the commencement of every sale. Management and staff members will not be able to:
    • deduct payment from your card;
    • apply any credit; or
    • apply applicable discounts to Purchases;

 

after the sale is cashed through the register.

  • Membership cards remain the property of My Beer Dealer. If you are found to have deliberately mis-used your card or another member’s card your Membership will be terminated.
  • If you deliberately use your membership card to make purchases for a third party or on behalf of another customer, your Membership will be terminated.
  • Lost or stolen membership cards must be reported to us immediately and a new card will be issued.
  • You can check the status of your Membership, including credit available, when it is scanned by a staff member at either the Bar and/or the Bottle Shop.
  • Apart from your cancellation right, termination of Membership will be regulated by this contract set out in paragraph 8 below.
  • We reserve the right to modify theMembership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted on Our Website on the day you join as a member.

4.           Membership Cap & Waitlist

  • Membership numbers are capped at fifty (50).
  • Once this cap is reached all new applications for Membership will be added to our membership waitlist in order of application.
  • Individuals on the waitlist will be contacted by email if a vacancy arises and given an opportunity to activate their Membership by paying the applicable membership fee.
  • We retain the right, at our sole discretion, to increase or decrease the cap on Membership numbers at any time.

5.           Benefits, Prices & Discounts

  • The price payable for Membership is clearly set out on Our Website.
  • Membership Benefits are clearly set out on Our Website. Discounts and benefits are not available with any other offer, on specials or already discounted stock.
  • We reserve the right to modify the contents of the Merch Pack as listed on our Website without notice.
  • It is your responsibility to collect your Merch Pack from the Bottle Shop. You will be notified by email when your Merch Pack is available for collection. We will endeavour to have your Merch Pack ready for collection no later than 14 days after your Membership is activated.
  • Take-Away product discounts will apply to Purchases made in the Bar and Bottle Shop.
  • Drink-in product discounts will apply to Purchases made in the Bar and Bottle Shop.
  • All discounts are inclusive of any applicable goods and services tax or other sales tax.
  • If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the advertised price.

6.           Renewal payments

  • At least fourweeks before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your Membership is shortly to expire and to invite you to renew. An invoice for the new period will be included.
  • Membership renewal payments not received by the expiration date will lead to the termination of your Membership. If this occurs you will need to reapply for Membership and meet all applicable membership requirements.
  • Other than the limitation set out above Membership is non-refundable and non-transferable.

7.           Refunds

  • We handle Membership refunds in accordance with the Australian Consumer Protection legislation.
  • Membership refunds will only be considered within 14 days of Membership activation.
  • Requests for a whole or partial refund of the paid membership fee will be assessed on a case by case basis. Benefits already enjoyed will be taken into consideration when assessing refund requests. Requests must be made in writing to admin@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.
  • The Membership is provided 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 period for which you have subscribed to ourMembership Service.
  • 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 Membership fee outstanding for any Service, pro rata with time not elapsed. 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 fees 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 Membership (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.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

  • 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.