Terms And Conditions

  1. Terms of use

    1. In these terms of use, "we", "us" and "our" means EBEV.COM PTY LTD (ABN 51 169 880 960).  Please read these terms of use carefully as they apply to your use of this website including any content on it (the Website).
    2. We may revise these terms of use from time to time.  We will display a notice on the Website indicating when any such revisions have been made.
    3. The Website is intended for licensed, wholesale purchasers of wine and beverages within Australia only.  Persons under the age of 18 are not permitted to use this Website.
  2. The EBev Website

    1. EBev is a website for the wholesale wine and beverage trade, aggregating portfolios from leading wine and beverage suppliers (“Sellers”) for licensed restaurants, bars and retailers (“Licensed Purchasers”). The Website provides the platform through which Licensed Purchasers can efficiently, conveniently and directly connect with a large range of wholesale Sellers and their products.
    2. It is important that you understand that when you place an order for a product on this Website, you are placing an order with the Seller of the product, and not us. Conversely, Sellers acknowledge that purchase orders are initiated by Licensed Purchasers and not EBev.  EBev, itself, does not sell any products from the Website.  Sellers of products on the Website are located in Australia and are subject to Australian laws and regulations.
    3. You should read the terms and conditions on which each Seller makes their products available for purchase. These are located on the relevant Seller’s page.
    4. We are not a party to, and have no contractual obligations under, any contract that may arise for the purchase of any products from Sellers.  Rather, any such contract will only be between you and the relevant Seller.  To the maximum extent permitted by law, we are not liable for any losses or claims that you may suffer or incur in relation to the products you purchase from Sellers through the Website, except to the extent such losses or claims arise from our breach of these terms of use.
    5. These terms of use apply to the manner in which we make this Website available to you. Your rights in relation to a product you purchase from Sellers through this Website will be governed by the relevant Seller’s terms of sale.
    6. If you wish to return any products or have any complaints in relation to a product you purchase from a Seller, you should contact the relevant Seller directly.
  3. Intellectual property rights

    1. The Website is subject to copyright and other intellectual property rights.
    2. We grant you a limited, non-transferable licence to access and use the Website for the purpose of:
      1. searching the products listed by Sellers on the Website;

      2. making personal ratings and tasting notes against products listed on the Website;

      3. creating a digital wine list;

      4. contacting Sellers to enquire about products listed on the Website; and

      5. sending purchase orders for products listed on the Website to Sellers and purchasing products listed on the Website direct from Sellers on the Website.

    3. We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
    4. Except as provided in these terms of use, any use or copying of the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us.  You may contact us at admin@ebev.com if you wish to seek such consent.
    5. Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Website without notice, if you breach, or we reasonably believe you have breached, any of these terms of use.
  4. Linking to this Website

    1. We encourage you to provide links to the Website.  While you may use the name “ebev.com” in the text of any such link, you may not use the ebev.com logo or any of our other trade marks without our prior written consent.
    2. You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.
    3. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
  5. Purchasing products

    • Ordering procedure and payment

      1. When you place an order to purchase any products from Sellers through the Website, you are making an offer to purchase the particular products for the price notified by, or agreed with, the Seller (including any applicable delivery charges, and any additional surcharges and taxes) at the time you place the order.
      2. All product details and sale terms, including as to price, payment options, and delivery, are set out on the Seller’s page. The terms offered by a Seller to a Purchaser with respect to a particular product may vary from the terms offered to another Purchaser for the same product.
      3. When you make an order to purchase any products you agree to pay the purchase price specified by the Seller at the time of purchase, plus any applicable delivery charges based on the delivery option selected by you.  All amounts are stated in Australian dollars.  All purchase prices are exclusive of Australian GST (except as otherwise notified).  Delivery charges will be additional to any purchase price and notified separately if not shown on the relevant Seller’s page.
      4. To facilitate the purchase of products from Sellers, you consent to us placing the order/s on your behalf with the relevant Seller/s.
      5. No contract for the purchase of products will come into existence until your order has been reviewed and accepted by the Seller and the Seller has notified you of such acceptance.
      6. A Seller may decline an order where there are reasonable grounds for doing so, for example, the products are no longer available or if there is an error in the price or the description of the products listed on the Website.
      7. You will be notified whether your order has been accepted or declined by the Seller as soon as reasonably practicable.
  6. Accuracy of content

    While every effort has been made to show as accurately as possible the colours of any content forming part of the Website, we cannot guarantee that your computer monitor will display the colour of such content accurately.

  7. Registration and Your Content

    • Registration

      1. You are required to register to use the Website.
      2. When you register, we may provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you.  You must not share your user name or password with anyone else.  You must keep any user name and password that are allocated to you private, and not disclose them to any other person.  If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
      3. You may cancel your registration, by notifying us at admin@ebev.com and providing your user name.
      4. We may suspend or cancel your registration, either temporarily or permanently, if you breach, or we reasonably believe you have breached, any of these terms of use.
    • Your Content

      1. You must not provide any material through the Website (Your Content) that:
        1. infringes the intellectual property or other rights of another person;

        2. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

        3. relates to unlawful conduct;

        4. creates a privacy or security risk to any person, including by soliciting personal information from any person;

        5. solicits money from any person;

        6. is false, misleading or deceptive;

        7. contains financial, legal, medical or other professional advice;

        8. would harm, abuse, harass, stalk, threaten or otherwise offend;

        9. would reflect negatively on us, including our goodwill, name and reputation;

        10. tampers with, hinders the operation of, or makes unauthorised modifications to the Website;

        11. would breach any applicable laws; or

        12. would otherwise result in civil or criminal liability for you, us or any third party.

      2. By providing us with any of Your Content, you:
        1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and

        2. warrant that you have the right to grant such licence.

      3. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.
      4. We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these terms of use.
  8. General restrictions

    1. You are only permitted to purchase products from Sellers through the Website if:
      1. you are registered to use the Website;

      2. you are eighteen (18) years of age or older; and

      3. you are an authorised representative of a restaurant, bar or retailer that has been granted a current and valid licence to sell alcohol to the public by the appropriate liquor licensing authority.

    2. In using the Website, you must not:
      1. provide us with inaccurate or incomplete information;

      2. violate any applicable laws, or use the Website for any purpose that is unlawful;

      3. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

      4. use any automated system or software to extract data from this Website for commercial purposes (otherwise known as “screen scraping”).

      5. collect or store data about other users of the Website; or

      6. engage in any other conduct that inhibits any other person from using or enjoying the Website.

    3. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from:
      1. any claim made by any third party; and

      2. any loss or damage that we may suffer,

      3. arising (directly or otherwise) out of your breach of the restrictions in this clause 8.

  9. Information provided by Sellers and other Website users

    1. Much of the information on this Website is provided by our Sellers, including most of the information relating to the products that may be purchased from those Sellers.  While we believe that our Sellers are reliable sources of this information, we cannot be responsible for such information. Information relating to products, as well as to the Sellers themselves, is also provided by users of the Website and Licensed Purchasers of the products in the form of reviews and feedback.
    2. To the maximum extent permitted by law, we are not responsible or liable for any losses or claims that you may suffer or incur in relation to:
      1. information or content posted or provided by Sellers, or by other Website users and/or purchasers;

      2. the actions or inactions of Sellers, other Website users and/or Licensed Purchasers; or

      3. your purchase of Sellers’ listed products.

    3. You acknowledge and agree that we have no control over and do not guarantee the quality, safety or legality of products advertised, the truth or accuracy of Sellers’ content or listings, the ability of Sellers’ to sell products, or that a Seller will actually complete a transaction.
  10. Warranties and liability

    1. All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
    2. In particular, and without limiting paragraph (a):
      1. while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that Website is free of viruses or other harmful components; and

      2. we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).

    3. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
    4. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
    5. The Website makes products available for purchase from Sellers. We do not sell, provide, or otherwise supply products to consumers.  To the extent that we are found to be supplying goods or services, and as a consequence, the Australian Consumer Law or any other applicable legislation implies any guarantee, term, condition or warranty into these terms of use (a “Non-Excludable Provision” ) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
      1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

      2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

    6. Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100 or any higher price you have paid in respect of the relevant products you have purchased.
    7. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
      1. special, indirect, consequential, incidental or punitive damages; or

      2. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

    8. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
  11. Variation of the Website

    We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

  12. Links and advertisements

    The Website may contain links to other third party websites, and also advertisements which include embedded links.  We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website.  The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.

  13. Privacy policy

    In using the Website, you may give us personal information.  Please review our Privacy Policy at http://www.ebev.com/privacy-policy and indicate your consent to our collection, use and disclosure of your personal information. If you do not provide consent, we may not be able to facilitate your use of the Website, or your purchase of products from Sellers through our Website.

  14. Force Majeure

    Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.

  15. Infringing or objectionable content

    If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by the Contact form on this website or by emailing admin@ebev.com, and provide particulars of such content and a detailed description of why it is objectionable or infringing.

  16. General

    1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
    2. These terms of use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
    3. These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
    4. Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
    5. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
    6. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
    7. The word “including” when used in these terms of use is not a term of limitation.

 

Date of last revision: 18 March 2015

 

I have read and agree to be bound by these Website terms of use.