This website is operated by Honeysuckle Distillery. Throughout the site, the terms “we”, “us” and “our” refer to Honeysuckle Distillery. Honeysuckle Distillery 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.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least of legal drinking age in your state/territory/province or country, within Australia 18 years of age.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
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.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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 anytime 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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.
SECTION 7 – OPTIONAL TOOLS
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.
SECTION 8 – THIRD-PARTY LINKS
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.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to 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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 libellous 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.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
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.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Honeysuckle Distillery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Honeysuckle Distillery 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.
SECTION 15 – SEVERABILITY
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.
SECTION 16 – TERMINATION
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).
SECTION 17 – 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.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – 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.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@honeysuckle distillers.com.au.
Website Terms and Conditions
Thank you for visiting the Honeysuckle Distillery website. Please read the Terms and Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms and Conditions set out below.
Throughout this site, the terms “we”, “us”, “our” and “Honeysuckle Distillery” refer to Honeysuckle Creek Distillery Pty Ltd and any of its subsidiaries.
Information sent by you to us through this website is not encrypted. You acknowledge that we do not guarantee the security of the content of any such information, and it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.
Accuracy, Completeness and Timeliness of Information
We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, or will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Honeysuckle Distillery and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you. Furthermore, Honeysuckle Distillery is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without reference or compensation to you. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Honeysuckle Distillery’s use will not violate any third party’s rights. Honeysuckle Distillery is under no obligation to use the information submitted.
Intellectual Property Rights
Unless otherwise indicated, all copyright and other intellectual property rights in all information, data, text, graphics, images, logos, trade marks and other materials on this website are the property of Honeysuckle Distillery or are included with the permission of the relevant owner.
Except as expressly prohibited in relation to particular content, you are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
You must not use any trademarks or logos which appear or are used on this website, nor do anything to prejudice the rights of the owner or licensee of such trademarks or logos. Nothing contained on this website should be construed as granting any licence or right to use any trademark displayed on this website. Your use/misuse of the trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. Honeysuckle Distillery reserves all its rights to enforce its intellectual property rights to the fullest extent of the law.
Please only share our posts and content with those who are of legal drinking age.
Links to Other Websites
Links on the Honeysuckle Distillery websites may take you outside the Honeysuckle Distillery network to third party websites and Honeysuckle Distillery makes no representations and accepts no responsibility for the content, accuracy or function of these other websites. The inclusion of any link to other websites does not imply endorsement by Honeysuckle Distillery. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
You must not create a link to any part of this website, unless expressly permitted on this website, other than solely for your own personal/domestic, informational or non-commercial purposes, without our prior written consent.
If this website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this website does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.
Warranties and Disclaimers
Your use of this website is exclusively at your own risk.
This website is provided to you on an “As Is” and “As Available” basis and, consequently, to the maximum extent permitted by law, Honeysuckle Distillery gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be un-interrupted or error-free; that this website will be secure; that any advice or opinion obtained from Honeysuckle Distillery through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
To the extent permitted by law, we, including any of our subsidiary companies and each of our respective officers, employees, agents, contractors, or agents, will not be liable or accept any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses, claims, expenses or liabilities whatsoever arising out of or relating to your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic correspondence or messages you send us, or your reliance upon information contained upon this website.
To the extent permitted by law, Honeysuckle Distillery does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, Honeysuckle Distillery shall have no liability or any responsibility whatsoever for any loss suffered caused (whether negligently or otherwise) by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which Honeysuckle Distillery is entitled to do so, its liability will be limited at its option to (a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied; and (b) in the case of goods, the lowest of the cost of replacing the goods, obtaining equivalent goods or having the goods repaired.
You are prohibited from doing any act that Honeysuckle Distillery, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws, ordinances, rules, regulations, codes and codes of all regulatory bodies applicable to this website including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
- Using this website to defame or libel Honeysuckle Distillery, its employees or other individuals or acting in such a way that brings into disrepute the good name of Honeysuckle Distillery;
- Uploading files that contain viruses that may cause damage to the property of Honeysuckle Distillery or the property of other individuals.
You and Honeysuckle Distillery agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria.
Cookies are data files stored on your computer after you access certain websites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again. Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site. Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies. This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate web site, such as Cookie Central.
Honeysuckle Distillery’s web servers (and our feedback forms on the web) gather your IP address to help diagnose problems with our service, to administer our website, and to gather broad user information (for example, which areas of our website are visited most frequently). Such user information is gathered in aggregate only and cannot be traced to an individual user.
We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time. Any indemnities given by you and limitations on our liability will survive such termination. Any termination of your right to use or access any part of this website will not affect any rights which have accrued to or have been accrued by either you or us prior to termination.
Legal Notice Update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.
If you have any questions or queries in relation to this website or these Terms and Conditions, please contact us (our contact details are set out on our Contact Us page).
Honeysuckle Distillery Pty Limited Purchasing Terms and Conditions
In these terms and conditions, the words below have the following meanings:
Honeysuckle Distillery means Honeysuckle Distillery Pty Ltd (ABN 31625851729) and any of its Related Bodies Corporates;
Order means a purchase order given by Us to You in accordance with the procedures determined by Us and notified to the You from time to time;
Products means the products that You supply to Us at Our request from time to time;
Services means the services that You supply to Us at Our request from time to time;
Related Bodies Corporate has the meaning in section 9 of the Corporations Act 2001 (Cwlth);
We, Us or Our refers to the Honeysuckle Distillery Group entity that You are supplying Your Products and / or Services to, as specified on an Order;
You or Your means the supplier specified on an invoice or other agreement with Us, or the supplier from whom the Products or Services are supplied, and if more than one person, each of them jointly and severally.
- You must supply the Products and/or Services in accordance with Our Orders, on time, with due care and skill and in accordance with all applicable laws. You acknowledge that, unless We specifically agree in writing otherwise, We do not agree to purchase any minimum quantity of Products or Services.
- By providing the Products and/or Services, You agree to be bound by these Terms and conditions to the exclusion of all other terms and conditions, including any of Your standard or back of invoice terms and conditions.
- Except in circumstances that are outside Your reasonable control, if You accept an Order, and subsequently You are unable or unwilling to provide the Products or perform the Services for any reason, We may engage an alternate provider to provide the same or similar products and/or services and You will be liable to compensate Us for any additional costs and expenses incurred by Us in engaging such alternate provider.
- We reserve the right:
- (a) at any time prior to the Products being dispatched by You or Services being supplied by You, to cancel all or any part of an Order by giving notice in writing to You; and
- (b) at any time, to correct any errors or omissions in any of Our Orders or other documentation issued by Us.
- We will endeavour to minimise any loss to You arising from any cancellation under clause 4, but will only be liable to pay Your reasonable costs of work in progress as at the date of cancellation.
- Unless We expressly agree otherwise, You must (at Your cost) provide all personnel, equipment, facilities and all other things necessary to fulfil Your supply obligations to Us.
- You represent and warrant to Us that:
- (a) the Products:
- (i) are unencumbered;
- (ii) comply with any Product specifications communicated to You;
- (iii) are of merchantable quality, free from defects and suitable for the purpose for which the they are intended to be used;
- (iv) do not infringe the rights (including any intellectual property rights) of any third party;
- (b) the Services:
- (i) comply with any Service specifications agreed by Us;
- (ii) will be supplied with all due care and skill by suitably qualified staff; and
- (iii) and do not infringe the rights (including any intellectual property rights) of any third party.
- (c) You have and will maintain all necessary authorisations, permits, approvals and licenses to supply the Products and/or Services.
- (a) the Products:
- We may reject, at Your cost, any Products or Services that do not comply with the provisions of clause 1 or 7. At Our request, You agree to promptly replace, at Your cost, any non-complying Products or Services with complying Products or Services, and pay Us any additional costs or expenses incurred by Us.
- You agree to indemnify the Honeysuckle Distillery Group against any loss, liability, damages, costs and expenses suffered or incurred by the Honeysuckle Distillery Group as a result of or in connection with:
- (a) Your or any of Your employees’, agents’ or subcontractors’ breach of these terms and conditions (including any warranty);
- (b) any negligent, wilful or unlawful act or omission by You or any of Your employees, agents or subcontractors; or
- (c) any death or injury, loss or damage caused by or contributed to by the Products or Services or any act or omission by You, except to the extent that any of the loss, liability, damages, costs and expenses are caused by or contributed to by Our negligent act or omission.
- You must effect and maintain insurance policies covering:
- (a) public liability insurance for an amount not less than $10,000,000;
- (b) workers compensation insurance as required by law; and
- (c) any other insurance as required by law or that a prudent person would take out in relation to the supply of the Products or Services.
- In return for You providing the Products and/or Services to Us in accordance with these terms and conditions, We agree to pay the agreed fees applicable to the supply of those Products and/or Services. Subject to clause 13, You agree that You are responsible for all freight costs, taxes, charges, levies and other costs in connection with the supply of the Products and/or Services, unless expressly agreed otherwise by Us.
- We will pay your tax invoices 30 days from date of invoice. If We, acting reasonably, dispute any amount claimed by You under any invoice, We may withhold payment of that amount until such time as the dispute is resolved.
- If GST is imposed on any supply made by one party (“GST Supplier”) to the other party under this agreement, the recipient of the supply (“Recipient”) must pay, in addition to any consideration payable under this agreement for the supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply provided always that the GST Supplier issues a valid tax invoice to the Recipient within 7 days after the occurrence of any event that causes the GST liability of the GST Supplier on any taxable supply to the Recipient to be attributed to a particular tax period.
- Each party acknowledges that the confidential information of the other party is valuable to the other party. Each party undertakes to keep the confidential information of the other party secret and to protect and preserve the confidential nature and secrecy of the confidential information of the other party.
- You are not permitted to use any of Our intellectual property for any purpose without Our prior written consent. You assign to Us all rights, title and interests in all existing and future intellectual property commissioned by Us and authored or developed by You or Your employees, contractors or agents in the past and in the future in connection with the provision of the Products and/or Services.
- You acknowledge that one or more of Our Related Body Corporates may purchase Products and/or Services from You. You indemnify each of Our Related Body Corporates against any loss or damage they suffer as a result of Your breach of these Terms of any act or omission by You under or in connection with these Terms. We accept the benefit of this indemnity as agent for each of Our Related Body Corporates.
- Either of Us may terminate the supply arrangement governed by these terms and conditions immediately by written notice if:
- (a) the other person has not remedied a breach of these terms and conditions within 14 days of the first person notifying the other to do so; or
- (b) the other person is insolvent, in liquidation, a receiver or manager is appointed over it or its assets or it is otherwise unable to pay its debts as and when they fall due.
- Without limiting clauses 7 and 9 of these terms and conditions, unless otherwise agreed by Us, title to and risk in any Products passes on delivery of the Products to Us.
- You remain liable to Us for the acts or omissions of any of Your agents or sub-contractors in the same way as You are liable for Your own actions. You must ensure that Your employees, agents and sub-contractors comply with these terms and conditions.
- You must not assign, transfer, novate, encumber or otherwise deal with all or part of Your rights or obligations under these terms and conditions without Our prior written consent.
- These are Our standard terms of purchasing and We may change them from time to time on 7 days’ notice. When You supply Products and / or Services to Us, You are offering to supply them on the most up-to-date version of these Terms as made available at http://Honeysuckle Distilleryco.com/legal/terms-and-conditions/purchasing-terms-and-conditions, as printed on the relevant invoice or as otherwise notified to You.
- Any leniency, indulgence or extension of time We grant You (whether under these Terms or under any other dealing with You) does not affect Our rights in any way and does not constitute a waiver of those rights or of any of these Terms.
- Any remedies in these Terms do not limit or affect any remedies available to Us in law or equity.
- The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of the remaining provisions.
- These Terms are governed by the laws of the State in which the Products and/or Services are supplied by You. You and We accept the non-exclusive jurisdiction of those courts.