Terms of Use

Distinct Drinks Pty Ltd ACN 642 821 798

  1. DEFINITIONS

1.1      In these Terms of Use (‘Terms’), unless the context otherwise requires, the following words have the following meaning:

Account means an account registered by a user to use certain functions of the Website.

Intellectual Property means all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, knowhow and confidential information and all other intellectual property any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.

Privacy Policy means the Privacy Policy published by Distinct Drinks from time to time accessible at here.

User means a user of the Site including both users with an Account and users without.

  1. INTRODUCTION

2.1       These terms of use (‘Terms’) set out the relationship between you and Distinct Drinks Pty Ltd ACN 642 821 798 trading as Distinct Drinks Company (‘Distinct Drinks’, ‘us’ or ‘we’) regarding your use of www.distinctdrinks.com, www.distinctdrinks.com.au and associated social media platforms and mobile applications operated by us or on our behalf (‘Website’).

2.2       By using the Website, you agree to these Terms and any additional terms, conditions, notices and disclaimers located on the Website. If you do not agree to these Terms, do not download or use the Website. 

2.3       The Website should only be accessed by individuals aged eighteen (18) years or older.  If you are under the age of eighteen (18) years you must immediately cease accessing this Website. We reserve the right to block a person’s use or access to the Website if we suspect they are under eighteen (18) years of age or to any other person that we suspect is going to supply alcohol to a person under eighteen (18) years of age. 

2.4       You can access these Terms at any time here. We reserve the right, at our sole discretion, to change, modify, add or remove any of the Terms, by posting changes here or updating the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms. 

  1. USER LICENCE

3.1 Subject to these Terms, Distinct Drinks grants you a non-exclusive, non-transferable, limited and revocable licence (‘User Licence’) to use the Website for your own personal, noncommercial use. You agree not to use the Website for any other purpose. The User Licence is granted to you subject to your full compliance with these Terms. 

3.2       Except as set out in clause 3.1 above, you do not receive any other licence and Distinct Drinks retains all right, title and interest in and to the Website and its content. 

3.3       Distinct Drinks owns at all times all copyright, trade marks, code, software, settings, artwork, trade secrets, patents, titles, and any other Intellectual Property (and all rights in, or derived from) the Website. You are not authorised to copy, reproduce or distribute in any manner on

any platform without Distinct Drinks’ prior written consent (in its sole discretion), any part of this Website, its content or any of our Intellectual Property. 

  1. YOUR OBLIGATIONS

4.1       You must not:

(a)        hack or interfere with the Website in any way;

(b)       infect the Website with any viruses;

(c)        engage in unlawful acts including harassing or stalking other Users;

(d)       encourage others to use the Website to undertake illegal activity;

(e)        use the Website for any commercial purpose without Distinct Drink’s prior written consent;

(f)        impersonate any other person in your use of the Website;

(g)        use the Website in connection with the actual or attempted contravention of any laws;

(h)       use the Website in a way that infringes the Intellectual Property of any person;

       (i) breach these Terms or additional Terms or requirements as notified on the       Website; or
       (j) breach any third party rights. 

4.2       You are responsible for taking reasonable steps to protect your Account log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not. 

4.3       You must comply with any applicable third party terms of use when using the Website (e.g. Facebook’s terms of use).

4.4       Information you provide to Distinct Drinks must be true, accurate, not misleading and complete at all times.  

  1. INTELLECTUAL PROPERTY

5.1     All Intellectual Property in this Website (including trademarks, texts, images, illustrations, designs, icons, photographs, video clips, sound clips, graphics, logos, icons and all software relating to this Website) (‘Content’) is owned, licenced by, used with permission, or otherwise lawfully used by Distinct Drinks. 

5.2     Content and other material appearing on our Website is subject to copyright vested in us or third parties. All Content is protected by Australian and international copyright and other intellectual property laws. You must not do anything which interferes with or breaches those laws or the intellectual property rights in the Content. You may be liable for damages or other penalties if you breach our intellectual property rights or copyright or intellectual property laws.

5.3     Without limiting clauses 5.1 and 5.2, we expressly reserve all rights in and to the www.distinctdrinks.com, www.distinctdrinks.com.au and all related domains and sub-domains, the name “Distinct Drinks”, our logos, service marks, trading names or trademarks (whether registered or unregistered). Other trademarks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

5.4     Despite anything to the contrary in these Terms or on the Website, Users may not copy, reproduce, publish, store and transmit the Content in any form or by any means in whole or in part without the prior written approval of Distinct Drinks, or the relevant affiliate, or third party owner. 

5.5     Users may not directly or indirectly copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish, post frame within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without our prior written permission or, in the case of third-party material, from the owner of the Intellectual Property rights in that material.  

5.6       Requests and inquiries concerning reproduction and rights should be addressed to hello@distinctdrinks.com.au.

5.7      External website images and content, if any, accessible on www.distinctdrinks.com, and www.distinctdrinks.com.au are used by us with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.

5.8     The copyright in material appearing on content linked from our Website vests in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). We recommend that you refer to the relevant external copyright statement before making use of any material.

5.9      You acknowledge that your access to this Website may be withdrawn at any time without notice and these Terms shall survive any such withdrawal. 

5.10     For the avoidance of doubt, the fact that your device downloads information from the Website for the sole purpose of displaying the Website to you is not a breach of the limited licence granted under these Terms. 

  1. PRIVACY 

6.1       We are committed to protecting the personal information we collect from you when you access and use Website.

6.2      The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern the way in which we must manage your personal information and our privacy policy sets out how we collect, use, disclose and otherwise manage personal information about you.

6.3       You can access our full Privacy Policy here or by contacting us and requesting a copy.

6.4      You agree that your personal information and user information will be collected, processed, used and shared in accordance with the Privacy Policy, these Terms, and as you otherwise consent. 

  1. THIRD PARTY WEBSITES AND APPLICATIONS

7.1     The Website may provide links to or allow you to interact with other websites or applications which are owned or operated by third parties. Links to other websites or applications are provided for your convenience. Distinct Drinks does not control these other websites and applications and Distinct Drinks cannot be responsible for the content, accuracy or functionality of third party websites and applications. Unless expressly stated on the Website, the provision of a link to a third party website or application does not constitute an endorsement or approval of that website or application or any of the products or services or functionality on that website or application. Distinct Drinks is not liable for any damages or injury arising from your access or use of third party websites or applications.

7.2     By clicking on a link to a third party website or application, you consent to Distinct Drinks disclosing your relevant personal information with Distinct Drinks’ software provider and the operator of the third party website or application for the purpose of processing your request to link to the third party website or application. Distinct Drinks will disclose such personal information in accordance with the Privacy Policy.

7.3      If you choose to leave the Website via links to third party websites or applications, including advertisers, Distinct Drinks is not responsible for the acts, omissions or privacy practices of those websites or applications.

  1. SECURITY

8.1       Distinct Drinks does not warrant and cannot ensure the security of any information which you transmit to it through the Website. Accordingly, any information that you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of your data or the Website, please contact Distinct Drinks immediately.

  1. LIMITATION OF LIABILITY AND DISCLAIMER

9.1       To the extent permitted by law, access to the Website is provided “as is” and we do not make any representation or warranty of any kind, either express or implied, in connection with the Website.

9.2       You acknowledge that your use and access to the Website is at your own risk. To the extent permitted by law, we are not liable for (without limitation):

         (a)        any loss, damage, claim, cost or expense, arising out of or in any way connected to:

                  (i)         the Website, your use of or reliance on the Website, or any content or material contained on the Website (including but not limited to information about products) under any circumstances, including but not limited to negligence or misrepresentation; or

                  (ii)        an inability to use, or an interruption to, the Website; or

          (b)       any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of the Website.

9.3       Distinct Drinks does not give any warranty as to the accuracy, reliability or completeness of information which is contained in the Website. Nothing contained on the Website constitutes a solicitation, recommendation, endorsement, or offer by Distinct Drinks or any third party service provider to buy or sell any products in this or in in any other jurisdiction. 

  1. DELAY OR FAILURE TO PERFORM

10.1      To the extent permitted by law, Distinct Drinks is not liable for any claim, compensation or refund if we are prevented or delayed in the performance of any of our obligations to you due to any cause beyond our reasonable control including (without limitation) an act of God, explosion, flood, fire or accident, war or civil disturbance, strike industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of our supplier(s), network outages or interruptions, power outages or interruptions, malicious code, malware or viruses, service interruptions, failure by you to give us a correct delivery address or notify us of any change of address.

  1. INDEMNITY

11.1      You agree to indemnify Distinct Drinks for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Website, any information that you provide to Distinct Drinks via the Website or any damage that you may cause to the Website.  This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

  1. TERMINATION OF ACCOUNT 

12.1      Distinct Drinks reserves the right to limit, suspend, terminate, modify or delete your Account if you, or Distinct Drinks suspects that you are, failing to comply with these Terms or for any actual or suspected illegal or improper use of the Website, with or without notice to you. 

12.2      For clarity, in the event your Account is deleted or terminated (by Distinct Drinks or by you) your User Licence is also terminated.