TERMS OF SERVICE
OVERVIEW
This website is operated by Happy Hour Cocktails Company. Throughout the site, the terms "we", "us" and "our" refer to Happy Hour Cocktails Company. Happy Hour Cocktails Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
IMPORTANT NOTICE
THHCC Pty Ltd trading as The Happy Hour Cocktails Company supports the Responsible Service of Alcohol. It is an offence for a person under the age of 18 years of age to falsely represent themselves to be of, or over 18 years of age. We reserve the right to refuse to enter into the Agreement or accept an Order or to serve, sell or supply Products to any person we suspect to be under 18 years of age, or who is unable to satisfy us that they are 18 years of age or over, or who we reasonably suspect is going to supply alcohol to a person under 18 years of age.
By transacting with us, you acknowledge and agree that you understand the prohibition on the sale and supply of liquor to minors and you confirm that you are at least 18 years of age.
This Service Agreement (this “Agreement”) is a legally binding contract between you (referred to as "you", "your" or the "Customer" in this Agreement) and THHCC Pty Ltd trading as The Happy Hour Cocktails Company (“we”, “us”) pursuant to Packaged Liquor Licence No. 36162258 and comes into effect after you Register or place an Order on the Site. You agree to be bound by these terms and conditions without any amendment or variation.
We are an authorised pursuant to Liquor Licence No. 36162258 to operate this Website, the mobile site and the mobile application (collectively, the "Sites”).
1. ONLINE STORE TERMS
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
1.1 "Acceptable ID" means Australian drivers’ licence, Victorian learner permit, Proof of Age card, Keypass card, Australian or foreign passport. No other form of identification will be accepted.
1.2 "Delivery Hours" means the delivery hours detailed or endorsed on Packaged Liquor No. 36162258.
1.3 "Minor" means a person under the age of 18 years.
1.4 "Order" means an agreement by you to purchase the Products when you click the button to place your order.
1.5 "Order Price" means the total of the Price of the Products that you wish to purchase.
1.6 "Products" means those items contained within the Sites (alcohol, accessories and gift item/s) and associated delivery services provided by Happy Hour Cocktails Co.
1.7 "Purchase" means the Order that we have accepted.
1.8 “Dispatched” means collected by the courier service.
1.9 "Sign Up" means to create a valid account on a Site.
1.10 "Service" means all or any one of the services we provide via the Sites (or via other electronic or other communication) including the information services, content and transaction capabilities on the Site (including the ability by you to Order and Purchase).
1.11 "Website" means www.happyhourcocktailsco.com
2. USE OF THE SITE AND THE SERVICE
2.1 Minimum Age: You must be at least 18 years of age to use the Site, the Service and to make any Order and Purchase. Please refer to the 'IMPORTANT NOTICE' above.
2.2 Responsible service of alcohol: The Products are supplied and delivered to you directly by us. We reserve the right to decline or cancel any Order by at any time you if we reasonably believe that such Order or Purchase is or may be in breach of the applicable laws and regulations in relation to the sale and supply of alcohol.
3. RELATIONSHIP
3.1 THHCC Pty Ltd trading as “The Happy Hour Cocktails Company” is the operator of the Site and we facilitate the order, sale and delivery of alcoholic beverages to you.
4. PURCHASE OF PRODUCTS
Requirements: You may only place an Order if you meet the following requirements:
4.1 You are not a Minor;
4.2 You are not Purchasing on behalf of, or with the intention to supply to, a Minor;
5. DELIVERY
5.1 We will use our reasonable endeavours to deliver the Products by the time and date stated on the Confirmation Email and otherwise in accordance with the delivery hours permitted by and endorsed via Liquor Licence No. 36162258. All items are dispatched with automated tracking via the Customer’s email address. Every parcel is allocated a unique reference code and tracking link which is emailed to the Customer when the parcel has been Dispatched by the courier. A delivery estimate is provided with every order. This will give the Customer an idea of how long the shipment will typically take but this is not a guaranteed delivery date. We do not take responsibility for any damage to Products which occurs during transit or delivery. This will be covered by the courier’s insurance.
5.2 Changes to your delivery information can only be made prior to the parcel being Dispatched. If a change to the delivery address is required after your parcel is in transit, a new delivery charge will apply. We cannot guarantee that we will be able to communicate the new address to the delivery agent within any given timeframe.
5.3 Happy Hour Cocktails Company must comply with its obligations under its Liquor Licence when delivering the Products. It is therefore your obligation to ensure that you or an authorised representative who is at least 18 years of age:
(a) is present at the nominated place of delivery to accept delivery of the Products;
(b) can produce an Acceptable ID at the time of delivery. The Products will not be handed to you or a person authorised to act on your behalf unless Acceptable ID can be produced to us or to our courier at the time of the delivery.
(c) sign the delivery docket confirming acceptance of the Products. You should check the Products against the delivery docket prior to signing. The delivery docket shall be deemed conclusive evidence of acceptance of the Products and we will not accept any claims for damaged goods after you sign the delivery docket.
5.4 We reserve the right to refuse to deliver the Products for any reason whatsoever and including (without limitation) refusing delivery to a person/s who we reasonably believe are intoxicated, or disorderly; refusing delivery to specific buildings for access or safety reasons, or refusing delivery because we reasonably believe that the Products will, may or are likely to be supplied to persons under 18 years of age following delivery.
5.6 In the event that we are unable to deliver the Products or complete the Order as a result of your failure to comply with this Clause 5.5 or to complete the delivery will or may cause us to contravene the conditions of the Liquor Licence No. 36162258 or the relevant legislation or regulations relating to the sale and supply of alcohol, we will immediately terminate the delivery and return the Products to the us.
5.7 We will use our reasonable endeavors to complete the delivery in one attempt, but if your Order is not practically or safely able to be delivered in such a manner, a free re-delivery service will be coordinated by us via email. This email notification will include the information required to arrange a re-delivery and all you need to do is follow the instructions in our email, or in the card that has been left at the delivery address. You book a redelivery within the timeframe stated.
5.9 If a parcel is not delivered for the reasons set out in clause 5.6, subject to our obligations under the Australian Consumer Law, we will not be obliged to refund any amount of the Product purchased.
5.10 Goods and Services Tax: The Order Price for the Products is inclusive of any GST.
5.11 Legal title to the Products will transfer to you (i.e. the Products will become your personal property) when the Products are successfully delivered to your nominated place of delivery.
6. CANCELLATION OF ORDERS
6.1 Subject at all times to our obligations under the Australian Consumer Law, once your payment is confirmed at the checkout on a Site, you will not be permitted to cancel your Order(s).
7. REFUNDS, RETURNS & DAMAGES
7.1 As part of our service, we will ensure that all products made available for purchase on our Site meet the Consumer Guarantees under the Australian Consumer Law.
7.2 If you are unsatisfied with a Product or if a product is not as advertised and/or a major problem is identified with the product, please contact us immediately to find out more about our refund & returns policies.
7.3 In the unlikely event where your Product has been damaged in transit, do not accept the delivery and we will arrange a new replacement Product to be sent to you.
7.5 If your Product has been lost in transit after it was scanned as picked, and before it was scanned as delivered, we will send you a replacement order upon notification.
7.6. We will not issue any refunds on Products or ingredients opened or tampered with after you signed after a delivery.
7.7 Cocktails glassware & accessories purchased in Cocktails Accessories, are not subject to returns or refunds due to food health & safety regulations.
8. WARRANTY DISCLAIMERS
8.1 We expressly disclaim that:
8.1.1 Any content or information accessible through the Site is accurate, complete, reliable, current and error-free. This includes information about Product Price, Delivery Times, Product description and Product availability. Such information is subject to change without notice.
8.1.2 Your use of the Service or the Site will be uninterrupted or that any information or data (or messages) transmitted via the Service or the Sites will be transmitted accurately, reliably and in a timely manner.
8.1.3 The Service or the Sites are free from viruses, malware, bots or anything else which may have a harmful effect on any technology or your hardware or software.
8.2 We will use all reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them.
9. MODIFICATIONS TO THE SERVICE AND PRICES
9.1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10. PRODUCTS OR SERVICES
10.1 All products and services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
11. ACCURACY OF BILLING AND ACCOUNT INFORMATION
11.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
12. OPTIONAL TOOLS
12.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
13. THIRD-PARTY LINKS
13.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to;
14.1.1 Maintain any comments in confidence;
14.1.2 Pay compensation for any comments;
14.1.3 Respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
14.2 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
15. PERSONAL INFORMATION
15.1 Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.
16. ERRORS, INACCURACIES AND OMISSIONS
16.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. PROHIBITED USES
17.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
17.1.1 For any unlawful purpose;
17.1.2 to solicit others to perform or participate in any unlawful acts;
17.1.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
17.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
17.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
17.1.6 to submit false or misleading information;
17.1.7 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
17.1.8 to collect or track the personal information of others;
17.1.9 to spam, phish, pharm, pretext, spider, crawl, or scrape;
17.1.10 for any obscene or immoral purpose; or
17.1.11 to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
18. INDEMNIFICATION & LIMITATION OF LIABILITY
18.1 You agree to indemnify, defend and hold harmless Happy Hour Cocktails Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
18.2 We exclude, in so far as it is legally possible for us to do so, all liability and responsibility for damage suffered by you including, but not limited to, indirect or consequential damages, or any damages whatsoever arising from:
18.2.1 the accuracy, completeness, fitness for purpose or legality of any Product or information accessed using the Service or Sites or otherwise; and
18.2.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
18.2.3 your use of any information or materials on the Sites (which is entirely at your own risk and it is your responsibility); and
18.2.4 the supply, delivery, use and consumption of the Products.
18.2.5 This disclaimer of liability extends to all claims regardless of whether they are reasonably foreseeable or not. Our liability to you for any loss or damage arising directly from the Products will be limited to replacement of that Product or a refund of the Product’s value, at our discretion.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 The names, images and logos used on any Site and which are used by us to describe or refer to our products and services, are our sole intellectual property and you must not, under any circumstances, use replicate, duplicate or claim any property interest over any such intellectual property unless we give you our prior written consent to specifically do so.
19.2 You acknowledge that no title or interest to our intellectual property is transferred to you and you agree to make no claim of interest in it merely by using any Site, purchasing goods or services or by opening any account with us.
19.3 A Submission by you shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Submission.
20. SEVERABILITY
20.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. TERMINATION
21.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
22. SALE AND ASSIGNMENT
22.1 If we are involved in a merger, acquisition, asset sale or change in control, we may assign, novate or otherwise transfer its rights and obligations that arise under these terms without reference to you and without requiring your prior consent.
22.2 In such circumstances, we reserve the right to transfer or assign your personal information as referred to in our Privacy Policy.
23. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
24. GOVERNING LAW
This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Melbourne and both parties hereby submit to the exclusive jurisdiction of the local courts.
25. GENERAL
25.1 Currency: All prices are in Australian Dollars (AUD)
25.2 Goods & Service Tax (GST): Except where indicated otherwise, prices include GST.
25.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether expressed or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
26. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
27. CONTACT INFORMATION
Any questions about the Terms of Service should be sent to us at cheers@happyhourcocktailsco.com.
