OVERVIEW

This website is operated by The Beverage Company Pty Ltd (“TheBevCo”). Throughout this website, the terms “we”, “us”, and “our” refer to TheBevCo. TheBevCo provides this website, along with all information, tools, and services available, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices outlined herein.

By visiting our website and/or purchasing products from us, you engage with our “Service” and agree to be bound by these Terms of Service, including any additional terms and conditions, policies, and notices referenced here and/or available via hyperlink. These Terms of Service apply to all users of the website, including without limitation 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 website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, 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 added to our store will also be subject to these 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, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for updates. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides 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 confirm that you are either:

• at least 18 years old; or
• at least 18 years old and have provided consent for your minor dependents to use this website.

You agree not to use our products for any illegal or unauthorised purpose, and you must not violate any laws in your jurisdiction while using the Service (including, but not limited to, copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

Any breach or violation of these Terms of Service will result in the 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 acknowledge that your content (excluding credit card information) may be transferred unencrypted and could involve:

• transmission over various networks; and
• modifications to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms of Service.

SECTION 3 | ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for information on this website that may be inaccurate, incomplete, or outdated. The material provided is for general informational purposes only and should not be relied upon as the sole basis for making decisions. We recommend verifying information with primary or more reliable sources before making any decisions. Reliance on the material provided on this website is done at your own risk.

This website may include historical information, which is provided for reference only and is not necessarily current. We reserve the right to modify the contents of this website at any time but are under no obligation to update any information. It is your responsibility to monitor changes to the website.

SECTION 4 | MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service (or any part of its content) at any time, without prior notice.

We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

SECTION 5 | PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only as outlined in our Returns and Refunds Policy

We strive to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any colour will be entirely accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered.

All product descriptions and pricing are subject to change at any time without prior notice, at our sole discretion. Additionally, we reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained will meet your expectations, nor do we warrant 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 placed with us.  At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order.  These restrictions may apply to orders placed under the same customer account, using the same credit card, and/or orders with the same billing and/or shipping address.

If we make changes to or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase. Additionally, we reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions made in our store. This includes promptly updating your account information—such as your email address, credit card numbers, and expiration dates—so we can process transactions and contact you as needed.

For further details, please see our Returns and Refunds Policy.

SECTION 7 | OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control, monitoring, or input.

You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We are not liable for any issues arising from or related to your use of such optional third-party tools.

Your use of optional tools available through the website is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms set by the third-party provider(s) before using these tools.

In the future, we may offer new services, features, or tools through the website. These new features and services will also be governed by these Terms of Service.

SECTION 8 | THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on our website may direct you to websites that are not affiliated with us. We do not control, endorse, or take responsibility for the content, accuracy, or availability of any third-party materials or websites.

We disclaim all liability for any harm or damages resulting from the use of goods, services, resources, content, or any other transactions made in connection with third-party websites. We strongly encourage you to review the third-party's policies and practices carefully before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party.

SECTION 9 | USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit specific content at our request (such as competition entries), or voluntarily submit creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as "comments"), whether online, via email, by postal mail, or otherwise, you agree that we may, at our discretion, edit, copy, publish, distribute, translate, and otherwise use these comments in any medium, without limitation. You acknowledge that we are under no obligation to:

• maintain confidentiality of any comments;
• provide compensation for any comments; or
• respond to any comments.

While we are not obligated to do so, we may, at our discretion, monitor, edit, or remove any content that we deem to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or content that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not infringe on any third-party rights, including copyright, trademark, privacy, or other proprietary rights. Additionally, your comments will not contain libelous, unlawful, abusive, or obscene content, nor any viruses, malware, or other harmful code that could affect the operation of the Service or any related websites.

You may not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the content and accuracy of your comments. We disclaim all responsibility and liability for any comments posted by you or third parties.

SECTION 10 | PERSONAL INFORMATION

Any personal information you submit through the store is governed by our Privacy Policy. To review our Privacy Policy, please click here.

SECTION 11 | ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our website or within the Service that contains typographical errors, inaccuracies, or omissions, which could relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to update or modify information, including cancelling orders, if any details in the Service or on any related website are found to be inaccurate at any time, without prior notice (even after you have submitted an order).

We are not obligated to update, amend, or clarify information within the Service or on any related website, including but not limited to pricing, unless required by law. The absence of a specified update or refresh date in the Service or on any related website should not be construed as an indication that all information has been modified or updated.

SECTION 12 | PROHIBITED USES

In addition to any other prohibitions outlined in the Terms of Service, you are prohibited from using the website or its content for the following purposes:

a) engaging in any unlawful activities;
b) soliciting others to perform or participate in illegal acts;
c) violating any international, federal, state, or local regulations, laws, or ordinances;
d) infringing on or violating our intellectual property rights or the intellectual property rights of others;
e) harassing, abusing, insulting, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) submitting false or misleading information;
g) uploading or transmitting viruses or any other malicious code that could harm the functionality or operation of the Service, related websites, or the Internet;
h) collecting or tracking the personal information of others;
i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
j) using the Service for any obscene or immoral purpose;
k) interfering with or bypassing the security features of the Service, related websites, or the Internet.

We reserve the right to terminate your access to the Service or any related website for violating any of these prohibited uses.

SECTION 13 | DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from using the service will be accurate or reliable.

You acknowledge that, from time to time, we may suspend or terminate the service, with or without notice, and for any reason, including for indefinite periods.

Your use of the service, or inability to use it, is solely at your own risk. The service, along with all products and services provided through it, is made available "as is" and "as available," without any warranties or conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality, durability, title, or non-infringement, unless explicitly stated by us.

In no event shall TheBevCo, including 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, including but not limited to lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the service or any products procured through the service. This also includes claims related to any content errors or omissions, or any loss or damage resulting from the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if we have been advised of the possibility of such damages.

In jurisdictions where the exclusion or limitation of liability for incidental or consequential damages is not allowed, our liability will be limited to the maximum extent permitted by applicable law.

SECTION 14 | INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TheBevCo, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims, demands, or liabilities, including reasonable attorneys' fees, made by any third-party arising from your breach of these Terms of Service, any documents incorporated by reference, or your violation of any law or the rights of any third-party.

SECTION 15 | SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, it will be enforced to the maximum extent allowed by law. The invalid or unenforceable provision will be removed from these Terms of Service, but the remaining provisions will continue in full force and effect.

SECTION 16 | TERMINATION

All obligations and liabilities incurred by the parties prior to the termination date will survive the termination of this agreement for all purposes.

These Terms of Service remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us of your decision to discontinue using our Services or by ceasing use of our website.

If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or if we suspect such non-compliance, we reserve the right to terminate this agreement at any time without notice. In such cases, you will remain responsible for all amounts owed up to and including the termination date, and we may deny you access to our Services (or any part thereof).

SECTION 17 | ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this website or relating to the Service, represent the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be construed against the party that drafted them.

SECTION 18 | GOVERNING LAW

These Terms of Service, along with any separate agreements under which we provide services to you, are governed by and shall be interpreted in accordance with the laws of Australia.

SECTION 19 | CHANGES TO TERMS OF SERVICE

The most up-to-date version of the Terms of Service is always available on this page. We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion by posting updates or changes on our website. It is your responsibility to periodically check our website for any updates. By continuing to use or access our website or services after changes have been posted, you agree to accept and be bound by the revised Terms of Service.

SECTION 20 | CONTACT INFORMATION

If you have any questions about the Terms of Service, please contact us at info@thebevco.com.au.