1.1 Welcome to www.libertyliquors.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2 The Website is operated by Ferjus PTY LTD. (ABN 62154382804) . Access to and use of the Website, or any of its associated Products or Services, is provided by Liberty Liquors. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Liberty Liquors reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Liberty Liquors updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Liberty Liquors in the user interface.
3.1 In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.2 You warrant that any information you give to Liberty Liquors in the course of completing the registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4 You may not use the Purchase Services and may not accept the Terms if:
4.1 As a Member, you agree to comply with the following:
4.2 You will use the Purchase Services only for purposes that are permitted by:
5.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2 Payment of the Purchase Price may be made through NAB Transact (the 'Payment Gateway Provider')
5.4 Following payment of the Purchase Price being confirmed by Liberty Liquors, you will be issued with a receipt to confirm that the payment has been received and Liberty Liquors may record your purchase details for future use.
5.5 Liberty Liquors may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
5.6 Liberty Liquors reserves the right to cancel any order placed in whole or in part for any reason. This can occur even in the event payment has been received and a tax invoice has been sent. In such a case you will be contacted via the details provided and a refund will be issued.
5.7 Liberty Liquors reserves the right to limit quantities to retail limits or to any other such limits it determines.
6.1 You acknowledge that the Purchase Services offered by Liberty Liquors integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
6.2 In providing the Purchase Services, Liberty Liquors may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Liberty Liquors is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
6.3 In the event that an item is lost or damaged in the course of the Delivery Services, Liberty Liquors asks that you:
7.1 The Website, the Purchase Services and all of the related products of Liberty Liquors are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Liberty Liquors or its contributors.
7.2 Liberty Liquors retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
7.3 You may not, without the prior written permission of Liberty Liquors and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9.1 You acknowledge that Liberty Liquors does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
9.2 Liberty Liquors will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
9.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.4 Subject to this clause, and to the extent permitted by law:
9.5 Use of the Website, the Purchase Services, and any of the products of Liberty Liquors (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Liberty Liquors, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Liberty Liquors (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Liberty Liquors) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
10.1 Liberty Liquors's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Liberty Liquors is the resupply of information or Purchase Services to you.
10.2 You expressly understand and agree that Liberty Liquors, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.3 Liberty Liquors is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Liberty Liquors, by third parties or by any of the Purchase Services offered by Liberty Liquors.
10.4 You acknowledge that Liberty Liquors does not provide the Delivery Services to you and you agree that Liberty Liquors will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
11.1 The Terms will continue to apply until terminated by either you or by Liberty Liquors as set out below.
11.2 If you want to terminate the Terms, you may do so by:
11.3 Your notice should be sent, in writing, to Liberty Liquors via the 'Contact Us' link on our homepage.
11.4 Liberty Liquors may at any time, terminate the Terms with you if:
11.5 Subject to local applicable laws, Liberty Liquors reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Liberty Liquors's name or reputation or violates the rights of those of another party.
11.6 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Liberty Liquors have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12.1 You agree to indemnify Liberty Liquors, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
The Purchase Services offered by Liberty Liquors is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.