Terms & Conditions

Indie Beer Hub Pty Ltd - Terms and Conditions

This online platform (Platform) is operated by Indie Beer Hub Pty Ltd ABN 90 624 685 141 or its successors and assignees (we, our or us).  It is available at: www.indiebeerhub.com and may be available through other addresses or channels, including on our mobile application.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects independently owned breweries who make and sell wholesale craft beer (Suppliers) with customers looking to purchase wholesale craft beer (Customers) by facilitating interactions between Suppliers and Customers for the sale and purchase of wholesale craft beer and other products as set out on the Platform (Products).

Acceptance

By downloading our App, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User) (1) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy and Website Terms of Use (available on the Platform) (Terms), and you understand them; (2) warrant to us that you are at least 18 years of age and you meet any applicable legal requirements for the purchase or sale of alcohol in your jurisdiction (3) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and; (4) agree to use the Platform in accordance with these Terms.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms. For any material change to these Terms we will email you of the material change at the email address provided in your Account (defined below) and also publish the changes on our Platform.

You understand and agree that the Platform is an online introductory platform only with certain order facilitation and payment services. Our responsibilities are limited to facilitation of the user functionality and availability of the Platform.



Registration and Accounts

  1. You can browse and view the Platform as an unregistered user of the Platform.  You must register on the Platform and create an account (Account) to access some features on the Platform including purchasing Products.
  2. You may only have 1 Account as a Supplier and 1 Account as a Customer on the Platform. If you own more than one business, you must create separate Accounts for each business, using different email addresses to sign up. Each Supplier Account may have multiple authorised users, with separate sign-in credentials.
  3. You must provide basic information when registering for an Account including name, email address, liquor licence number and ABN. Your email address is your username and you may choose a password.
  4. We will review your request for an Account before approving the request. We may request additional information, including details of your business and liquor licence to ensure you are a legitimate business and are legally entitled to purchase or sell alcohol in any jurisdiction you operate in. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. At our sole discretion, we may refuse to allow any person to register or create an Account. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account including:
    1. that you do not hold any required liquor licences to sell and/or purchase alcohol;
    2. your liquor licence has expired;
    3. you are not a legitimate business;
    4. as a Customer, that you are a credit risk; and
    5. as a Supplier, you are not an Independent Brewer (defined below),
    we may refuse to provide you with an Account, at our sole discretion.
  5. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
  6. You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
  7. You will immediately notify us of any unauthorised use of your Account.
  8. When creating an Account you warrant that:
    1. you hold any required current liquor licence for any jurisdiction you operate within and are legally allowed to purchase liquor and other goods on the Platform, and
    2. your liquor licence is current and you have provided us with up to date details of your liquor licence.
  9. You are responsible for renewing liquor licences and providing us with updated details.
  10. If you are a Supplier you warrant that you either (1) are a member of the Independent Brewers Association of Australia, or (2) you meet the criteria to become a member of the Independent Brewers Association of Australia (collectively Independent Brewer). Suppliers are responsible for notifying us immediately if they are no longer an Independent Brewer.

Supplier Profile and Products

  1. This clause is only applicable to Suppliers and "you" is a reference to the Suppliers.
  2. Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
  3. Note that the person signing up for a Supplier Account will be automatically designated as the administrator (Administrator) for that Supplier Account. Administrators may choose to provide other authorised users with access to the Account, by creating additional login details for these authorised users. Users who are not Administrators will have similar functionality to an Administrator but will not be able to view user profiles or create additional authorised users, among other limitations. A different user may be assigned the Administrator role, on written request to us.
  4. Only Administrators (and us, if we are requested) are permitted to create or deactivate users. It is the Administrator’s responsibility to manage and monitor users’ access to the Platform and deactivate users if they no longer require access to the Platform, including if that user is no longer associated with the business. We are not responsible for managing any Supplier Account and it is solely the responsibility of the Administrator to monitor an Account.
  5. You can provide information in your Supplier Profile on your Supplier story and of each Product you list on the Platform.
  6. If you have access to Product details you must ensure that Products and any information supplied on the Platform is accurate, complete, reliable, up-to-date and suitable for any particular purpose. It is your responsibility to maintain Product details including up-to-date pricing including any specific discounts or deals available to Customers for Products and inform us of any issue in data for Products and Listings as soon as possible.
  7. You may choose to display your Products to unregistered users on the Platform. If you do not choose this option your Products will only be available to Customers that create an Account.
  8. You may list Products on the Platform and provide detailed customised information on Product styles, tasting notes, flavour, complexity and delivery areas available.
  9. You may choose to connect your Account and/or Profile with Untappd, an app that includes ratings of beers including your Products. You may choose to display Untappd rating for Products or set the minimum score of an individual Product in a Listing. We make no representations or warranties about the accuracy, reliability or suitability of any reviews or ratings connected with Untappd and we accept no responsibility for poor or incorrect Untappd data and any impacts this may have on sales of Products on the Platform.
  10. You may choose to create customised discounts for specific Customers purchasing your Products.
  11. While we do not seek to promote any specific Products or Suppliers on the Platform over others, we may decide at our absolute discretion, to promote Products and Suppliers in the interests of supporting events or charities or celebrating specific achievements of individuals or Suppliers for the betterment of the Independent Craft Beer Industry in Australia such as winners of the Indie Beer Awards.
  12. At our absolute discretion we may choose how and when to display Products on the Platform.


Identity Verification

  1. We may choose to conduct identity verification checks on any User to verify that User is a legitimate business, has any required liquor licences to sell and/or purchase alcohol for any jurisdiction that User operates within and to conduct any credit checks necessary for the purposes of ensuring payment of fees on the Platform.
  2. If we choose to conduct identity verification or background or credit checks on any Platform user, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.

Orders

  1. A Supplier posts an accurate and complete description of the Product or Products to be supplied (including the fee or price to be paid by the Customer, applicable delivery fees and GST payable) (Listing). By creating a Listing for Products, the Supplier confirms that s/he is legally entitled and capable of supplying the Products described in the Listing.
  2. A Customer wishing to purchase Products places an order through the Platform (Order Request).
  3. Once a Supplier has received an Order Request the Supplier can either:
    1. accept an Order Request through the mechanism set out on the Platform, at which time the Order Request becomes an Order (Order); or
    2. reject the Order Request and provide a reason to us why the Order Request is rejected (such as the Product is no longer available) within 24 hours of the Order Request being placed.
  4. When a Supplier accepts an Order, the Platform issues an invoice (Invoice) to the Customer setting out the payment method and the Supplier provides an estimated delivery date to deliver the Order based on the Customer’s Preferred Delivery Time (defined below). This Invoice is issued by us as agent on behalf of the Supplier or the Suppliers.
  5. Once a Supplier has provided the Products requested by a Customer, the Supplier must provide notice that the Order is delivered by using the Platform functionality.
  6. An Order is deemed to be complete when the Supplier has confirmed that the Product has been delivered, either by the Supplier or the Supplier’s logistics provider, and we have received payment for the Order (Completed Order).
  7. Customers may purchase from multiple Suppliers in the one Order.
  8. When a Customer makes an Order Request it does not guarantee that the Order Request will be fulfilled or that Product is available on the Platform.
  9. When a Customer makes an Order Request this is an offer to enter into a contract with the Supplier for the purchase of Products. When a Supplier accepts an Order this is to be taken as the Supplier accepting the Customer’s offer and creates a contract of sale between the Customer and the Supplier. The Platform is taking payment for the Products as agent on behalf of the Supplier. The role of the Platform is to facilitate the orders between Customers and Suppliers. All other matters including to do with the quality of Products and delivery are between the Customer and Supplier.


Fees and Payments

  1. It is free to register an Account on the Platform.
  2. There is no charge for a Supplier to create a Listing, or for other users to review content on the Platform, including Listings.
  3. Customer must pay the relevant fees set out in the Listing (Product Price) by selecting a method at checkout.
  4. Indie Beer Hub uses Promisepay Pty Ltd trading as Assembly Payments ABN 49 167 436 722 (Assembly) as its third party service provider. By buying or selling on indiebeerhub.com you agree to be bound by Assembly’s Privacy Policy which is located at https://assemblypayments.com/privacy and hereby consent and authorise Indie Beer Hub and Assembly to share any information and payments instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s). By listing or selling items on indiebeerhub.com you also agree to be bound by Assembly’s User Terms which are located at: https://assemblypayments.com/policies/end-user-agreement/.
  5. Any payments will be made through our third party payment processor, currently Assembly, or by any other payment method set out on the Platform or the Invoice. Fees charged to us by any third party payment processor we use from time to time (such as credit card processing fees or dishonour fees) may be passed on to the Customer in our sole discretion.
  6. Customers must pay for Orders by setting up a direct debit (Direct Debit), unless a request is submitted to enable invoicing for their account. Customers may submit a request for invoicing from their account dashboard.
  7. Upon receiving a request to enable invoicing, Indie Beer Hub will conduct a detailed credit check on the Customer’s legal entity which may include reviewing information such as credit scores, credit enquiries, any registered payment defaults, court actions and insolvency notices. Indie Beer Hub reserves the right to approve or deny a Customer’s request for invoicing for any reason.
  8. For payments made using Direct Debit, the Product Price for the order will be deducted from the Customer’s nominated bank account 7 days from the date that the Supplier accepts the Order, or the last component of an Order (if multiple parts constitute an Order). When the seventh day falls on a non-Business Day, the debit will be processed on the next Business Day.
  9. The Direct Debit facility is provided by Assembly. Customers electing to pay via Direct Debit must (i) agree to Assembly’s Direct Debit / ACH Request Service Agreement and (ii) complete a Direct Debit Authority (which will be provided to the Customer when completing their payment).
  10. For Invoice payments, payment is due 14 days from the date of the Invoice. If payment is not received within 14 days of an Invoice being issued we will contact you to arrange payment. We may cancel your Order at our discretion for non-payment of an Invoice or refuse to allow you to re-order unless your Invoices are paid. We may in addition (at our absolute discretion):
    1. revoke your ability to create further invoices;
    2. immediately cease providing you with access to the Platform;
    3. revoke your access to any discounts available in the Platform;
    4. not allow you to place any further Orders until all overdue Invoices are paid;
    5. charge you interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly;
    6. register a payment default against your legal entity; and/or
    7. commence debt collection procedures including using third party debt collectors.
  11. All Invoices must be paid in full; no partial payments or payment plans will be accepted.
  12. At any time, Sellers may elect to not accept Invoice payment for all or some of their products. In this case, if a Customer adds any product to their cart which does not support Invoice payments, the whole Order must be paid for using Direct Debit.
  13. All Product Prices and payments are made and managed through the Platform. Suppliers do not need to follow up with Customers for unpaid Invoices.
  14. When a Customer has paid an Invoice the Product Price will be paid to the Supplier after deduction of our transaction fee, as set out on the Site (Transaction Fee). We will process payments to Suppliers within 2 Business Days of us being notified that an Order is complete (i.e. we are notified of a Completed Order).
  15. Business Day means a day on which banks are open for general banking business in Victoria, excluding Saturdays, Sundays and public holidays.
  16. We may from time to time issue promotional discount codes for certain products on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your Order through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.

Delivery

  1. Customers must set out preferred delivery times at the time of making an Order Request for any Order to be delivered (Preferred Delivery Time).
  2. Delivery prices are built in to the Product Price for delivery to Australian metropolitan areas. Additional fees may occur for regional or interstate delivery as set out on the Platform. Suppliers may select available delivery areas for each of their Products.
  3. Suppliers must provide an estimated delivery timeframe when they accept an order based on the Preferred Delivery Time. Customers are responsible for ensuring delivery information is accurate and complete including delivery address and Preferred Delivery Times. Product deliveries will only be delivered to the address listed on the Order. It is the responsibility of the Customer to provide the correct delivery address.
  4. Delivery areas will vary for each Supplier and the Supplier may have their own delivery terms and conditions. It is the responsibility of the Customer to check any delivery terms and conditions of the Supplier. We will not be involved in re-arranging delivery times between the Supplier and Customer but will pass on any contact details as required.
  5. Suppliers may elect to send Orders directly to their nominated third party logistics provider (Logistics Provider), for the Logistics Provider to facilitate delivery to the Customer. The Platform includes functionality which facilitates communication between the Supplier and the Logistics Provider.
  6. We accept no liability for any aspect of the delivery interaction between Customers, Suppliers and any Logistics Provider, including but not limited to the delivery of Products and the condition of Products when delivered. We do not assist or involve ourselves in any way in any dispute between a Customer and a Supplier relating to delivery.

Refund and Cancellation Policy

  1. A Customer may cancel an Order Request at any time before a Supplier accepts that Order Request and not be charged for that order.
  2. No refunds will be provided for change of mind after an Order Request has been accepted by a Supplier. Any refund requests, once an Order becomes a Completed Order, is a matter solely for the relevant Supplier and Customer.
  3. For failure of fulfilment of an Order or non-delivery by a Supplier a full refund or credit will be provided to the Customer. The Customer should contact us directly.
  4. Any issues relating to quality of Products or losses due to non or late delivery are the responsibility of the Supplier. If a partial refund is required for damage due to delivery, quality of Products or other reasons, this must be requested directly of the Supplier by the Customer. We do not assist or involve ourselves in any way in any issue of refunds between Customers and Suppliers.

Limited Payment Collection Agent

  1. Each Supplier appoints us as the Supplier’s limited payment collection agent solely for the purpose of accepting the Product Price from the Customer (the Limited Payment Collection Agent Services).
  2. Suppliers agree that payment of the Product Price by a Customer to us (as the Supplier’s limited payment collection agent) is to be considered the same as payment made directly by the Customer to the Supplier and the Supplier will provide the purchased Products to the Customer as agreed, as if the Supplier had received payment directly from the Customer.
  3. Each Supplier agrees that we may refund Customers in accordance with these Terms. Each Supplier agrees that our obligation to pay the Supplier is subject to and conditional upon successful receipt of the relevant payments from Customers.
  4. We guarantee payment to Suppliers only for such amounts that we have successfully received from Customers in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Supplier, we assume no liability for acts or omissions of the Supplier.
  5. In the event that we do not remit the Product Price as set out in the Payment clause above, Suppliers will only have recourse against us and not the Customer directly.
  6. By using the Platform, both Customers and Suppliers acknowledge that:
    1. we will not be required to pay a Supplier any amount until we have received a corresponding amount from the relevant Customer, and then, only after we have received the Transaction Fee for the performance of our Limited Payment Collection Agent Services;
    2. despite any provision of these Terms to the contrary, to the maximum extent permitted by law, we accept no responsibility or liability, and exclude all responsibility or liability, for any acts or omissions of Users in connection with, or related to, the performance of the Limited Payment Collection Agent Services, including, without limitation, the supply of Products by Suppliers or the issuing of invoices by the Supplier to Customer, or the payment of the Product Price by Customers to Suppliers.

Licence to Use Our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.


Licence to Use Our Logo

As long as you hold an Account on the Platform, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our logo in accordance with our Branding Guidelines. All other uses are prohibited without our prior written consent.


Prohibited Conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Platform to defame, harass, threaten, menace or offend any person;
  3. copying and sharing any sensitive price information available on our Platform, or which has been disclosed to you, on a public forum or any other public place;
  4. interfering with any user using our Platform;
  5. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  6. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations and any liquor laws and regulations;
  7. using our Platform to find a Customer or Supplier and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
  8. as a Supplier, offering any Products that you do not intend to honour or cannot provide;
  9. as a Customer, making any Order Requests that you do not intend to purchase or pay for; or
  10. facilitating or assisting a third party to do any of the above acts.

Exclusion of Competitors

The Platform supports the growth and independence of passionate and innovative independently owned breweries. Our expectation is that you use our Platform in good faith and continue to use the Platform to support independent owned brewers. We request that you do not use our Platform, including the information and materials available on it (Platform Content), in any way that competes with our business including contacting Suppliers or Customers directly to place Orders outside of the Platform. If you are unable to meet this requirement we encourage you to contact us to discuss options that may be available to you for other ways we can work with you to support independently owned breweries. If you breach this term, we may suspend your Account or terminate these Terms immediately without notice.


Platform Content

The Platform Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Platform Content, we make no representation or warranty regarding it, to the extent permitted by law. The Platform Content is subject to change without notice and we are not liable if any Content is inaccurate or out-of-date.


Intellectual Property Rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Platform Content. Your use of our Platform and your use of and access to any Platform Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Platform Content.

You must not, without the prior written consent of ourselves or the owner of the Platform Content (as applicable):

  1. copy or use, in whole or in part, any Platform Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Platform Content to any third party; or
  3. breach any intellectual property rights connected with our Platform, including (without limitation) by:
    1. altering or modifying any of the Platform Content;
    2. causing any of the Content to be framed or embedded in another website; or
    3. creating derivative works from the Platform Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including your Product names, logos and branding (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform including for the purposes of selling your Products, for marketing purposes and on social media.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.


Offers, Competitions and Promotions

From time to time, we may offer users competition, promotions and offers. The terms and conditions attaching to any of these competitions, promotions or offers will be set out below.

Melbourne Pre-Launch Promotion

  1. The Indie Beer Hub Melbourne Pre-Launch Promotion (Promotion) will run from 20th May until 30th June 2019 (Promotion Period).
  2. The Prize will be awarded as two kegs of independent beer up to the value of $700 (excluding GST).
  3. A keg may be replaced by three cartons of beer if the recipient chooses.
  4. The Prize must be selected from a brewery listed on the Indie Beer Hub Platform, but may be comprised of any of their products, even if not listed on the Platform.
  5. The Promotion is open to any licenced venue or bottle shop (Customer) who:
    1. Is located in metropolitan Melbourne;
    2. Has an Indie Beer Hub account; and
    3. Places an order during the Promotion period.
  6. Each new order placed by a Customer is considered an additional entry into the draw (Entry).
  7. Any orders that have overdue payments owing on the 30th June will not count as an Entry into the draw.
  8. The Prize will be awarded at the conclusion of the Promotion through a randomised draw. Each Entry has an equal chance of being selected.
  9. The winner will be contacted by phone and email and announced on Indie Beer Hub social media channels by the 7th July.
  10. Any venues or retailers that are owned by or affiliated with a brewery listed on the platform will not be able to include orders solely made up of products from their affiliated brewery for the Promotion; ie. they must purchase from breweries that they are not owned by or affiliated with to be considered an entry into the draw.

Consumer Guarantees

  1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
  3. The Products provided by a Supplier might also confer you certain Statutory Rights.

Warranties, Disclaimers and Indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Suppliers, Customers, Products or Listings including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free and free from viruses;
  3. our Platform will be secure;
  4. any specific Products will be ordered by Customers or that Customers will find desirable Products listed on the Platform;
  5. any specific Products are available on the Platform, are of a particular quality or meet the Listing description; and
  6. Products will be delivered on time as agreed between Suppliers and Customers.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

  1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the one-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  3. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
    1. event or circumstance beyond our reasonable control;
    2. acts or omissions of you or your personnel;
    3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
    4. use of the Platform and/or Content;
    5. interaction you have with other users whether in person or online;
    6. any injury or loss to any person;
    7. Content which is incorrect, incomplete or out-of-date;
    8. damage or loss to Products from delivery; or
    9. breach of these Terms or any law.
  4. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
  5. In no event shall Assembly be liable to any Platform Buyer, Platform Seller or Subscriber for any actions, claims, demands, losses, liabilities, damages, recoveries, settlements and/or costs (including attorney, accountant, and expert witness fees and costs), known or unknown, contingent or otherwise (collectively, “Losses“), of any kind whatsoever, arising out or relating to their respective use of, or inability to use, the Payment Processing Services, regardless of the legal theory under which such Losses are sought.
  6. This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

We are not a Supplier or Independent Brewery and Suppliers are independent third parties not our employees, contractors, partners or agents. We have no control over the conduct of Suppliers, Customers or any other users of the Platform.


Termination

  1. Customers may cancel their Account and terminate these Terms at any time by sending us an email to the address at the end of these Terms. Suppliers must provide us with 10 Business Days’ notice by sending us an email to the address at the end of these Terms to cancel their Account. If you cancel your Account as a Customer, any Order Requests that have not been accepted by a Supplier will be automatically cancelled and for any Orders that have been accepted by a Supplier but not yet delivered, any refund payable by us will be agreed upon with the Supplier and is at our discretion.
  2. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
  3. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if:
    1. you are in breach of these Terms, any applicable laws, regulations or third party rights;
    2. as a Supplier your Listings or Products at any time fail to meet any applicable quality or eligibility criteria;
    3. we have received complaints about you;
    4. you do not hold any required liquor licences to sell and/or purchase alcohol;
    5. your liquor licence has expired;
    6. as a Supplier you fail to deliver your Orders;
    7. as a Customer you fail to pay your Invoices;
    8. as a Supplier, you are no longer classified as an Independent Brewer; and
    9. you are using our Platform to find a Customer or Supplier and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform.
  4. If we suspend your Account or terminate these Terms, we will cancel any existing Orders and in the case of a Supplier breach, refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.

Disputes: We encourage Suppliers and Customers to attempt to resolve disputes (including claims for returns or refunds or delivery) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.


Collection Notice

  1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to fulfil your orders made on the Platform, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. We may disclose that information to third party Suppliers who help us deliver our services (including brewers, their delivery partners and third party distributors, information technology Suppliers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
  5. As part of the Platform, your personal information may be shared with other users including Suppliers, their delivery partners and third party distributors for the purposes of fulfilling your orders including to contact you regarding any orders you make on the Platform. You consent to the disclosure of your personal information for these purposes. We will request that Suppliers and their third parties handle your personal information in accordance with our Privacy Policy.

Insurance

We recommend that Suppliers obtain appropriate insurance for supplying their goods or services. If you are a Supplier and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.


Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.


Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.


Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Indie Beer Hub Pty Ltd ABN 90 624 685 141

Email: support@indiebeerhub.com

Last update: 28 March 2019