Terms of Use

The following Terms of Use (Terms) governs your use of the Australian Distillers Association (ADA) website which is located at http://www.australiandistillers.org.au/ and forms a binding contractual agreement between you, the user of the Site, and us, Australian Distillers Association (ADA).

For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on our “Contact Us’ page.

By accessing the Site, you acknowledge and agree that you have had a sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not wish to be bound to the Terms of this agreement, you must not access the Site.

1. Accuracy

Every effort is made to provide information that is accurate. However, protocols, syllabi, courses and other matters contained on this Site are subject to change at any time by appropriate action of Australian Distillers Association (ADA). We give no assurance or warranty that information on this Site is current and take no responsibility for matters arising from changed circumstances or other information or material that may affect the accuracy or currency of information on this Site.

2. Intellectual Property Rights

2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and Australian Distillers Association (ADA), all intellectual property rights in this Site rests with Australian Distillers Association (ADA), unless otherwise stated.

2.2 All aspects of this Site including data, documents, graphics, web pages and logos are the copyright of the Australian Distillers Association (ADA) and may not be reproduced in any shape or form.

2.3 Unless otherwise agreed in writing, by posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public), and permit us to authorise any other person to do the same thing.

2.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.5 The license in clause 2.3 will survive any termination of these Terms.

2.6 You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 2.3 and 2.4.

3. Warranty

3.1 You represent and warrant us that:

(a) You have the legal capacity to enter into these Terms; and
(b) You have complied with clause 5.

4. Disclaimer of liability

4.1 This Site is provided on an ‘as is’, ‘as available’ basis and we do not provide to you any warranties of any kind, express or implied, including, but not limited to, those of title, merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice. Australian Distillers Association (ADA) reserves the right to make changes to the information contained on the Site.

4.2 You assume all responsibility and risk for the use of this Site and the internet generally. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this Site be liable for any direct, indirect, incidental, special or consequential damages, or lost profits that result from the use or inability to use the Site and/or any other websites that are linked to this Site. We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site. Nor shall we be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.

4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability to the greatest extent allowed by law.

5. Online conduct

Visitors agree to use the Site only for lawful purposes and are prohibited from posting on the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, State, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in the discussion forum area will list the author’s name – no anonymous posts are permitted.

6. Security

Users must observe and maintain the confidentiality of all security features relating to use of the Site (including passwords, access arrangements etc) as notified. No data transmission over the Internet can be guaranteed as totally secure. Whilst Australian Distillers Association (ADA) strives to protect such information Australian Distillers Association (ADA) does not warrant and cannot ensure the security of information which users transmit. Accordingly, information is transmitted at the user’s risk.

7. Third party content

We are distributors (not publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. In addition, the Site contains links to other websites. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties or through links are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse, sponsor or approve it in any way, nor do we vouch for its accuracy or usefulness. Furthermore, we expressly disclaim any liability associated with material posted by third parties and any other available on any linked website.

8. Disclaimer of endorsement

Reference to any person, products, services, hypertext link to the third parties or other information by trade name, trademark, and supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Australian Distillers Association (ADA), nor is an endorsement of Australian Distillers Association (ADA) implied by such links. Any external links on the Australian Distillers Association (ADA) Site are for convenience only, such as an index in a public library.

9. Information subject to change

Any information on this Site may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

10. Termination

10.1 Your rights under these Terms terminate automatically if, for any reason, we cease to operate the Site.

10.2 We may otherwise terminate your access to the Site immediately, on notice to you, if you have breached these Terms in any way.

11. Privacy statement

11.1 Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us on our “Contact Us” page.

11.2 Australian Distillers Association (ADA) has developed a policy to protect users’ privacy in compliance with privacy legislation. Our policy is to inform users of the following:

• the identify and contact details of Australian Distillers Association (ADA);
• what personal information is being collected;
• who is collecting personal information;
• how personal information is being used;
• to whom personal information is being disclosed;
• how personal information is being stored;
• the consequences of personal information being withheld from Australian Distillers Association (ADA), and
• How personal information can be accessed and corrected.

11.3 Australian Distillers Association (ADA) Privacy Policy applies to all personal information collected by Australian Distillers Association (ADA) via the Site. When information is collected directly from individuals, Australian Distillers Association (ADA) may provide further relevant privacy information to the individual at the point of collection, in which case, such information should be read in conjunction with this policy.

11.4 National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details above or access your details via the online portal.

11.5 Australian Distillers Association (ADA) reserves the right to modify or amend this Privacy Statement at any time, provided that those modifications or amendments comply with applicable laws.
Information collected – Site operation

11.6 We collect certain personal information from you to provide you with the best service experience possible on the Site. We may collect cookies from your computer, which enables us to tell when you use the Site and also to help customise your Site experience. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Site.

11.7 We customarily disclose personal information to our service providers who assist us in operating the Site. We will only disclose personal information to an unrelated third party for the purpose of operating the Site with your consent.
Information collected – De-identified

11.8 Without limiting the means by which information is collected by Australian Distillers Association (ADA), the usage analysis software used by Australian Distillers Association (ADA) records:

• unique visitors and sessions
• requested pages, downloads, search terms used, posted forms, status and errors, hits and bytes downloaded per directory, file and file type;
• entrance pages, exit pages, click paths, click to and click from and length of session;
• domains, countries and IP addresses; and
• browsers, platforms and robots.

11.9 The statistics are de-identified at the time of recording. This information is used for administrative purposes, including to improve and assess services, and to monitor usage patterns on our site in order to improve navigation and design features – helping you to get information more easily.

Information collected – Identified
11.10 Australian Distillers Association (ADA) may collect identifiable information such as contact details. Further, access to member only services has been made possible by using information contained in Australian Distillers Association (ADA) databases. Accordingly, we collect personal information to facilitate the granting of access to member only services.

Access to information collected
11.11 Australian Distillers Association (ADA) will not knowingly make an attempt to identify users or their browsing activities. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our Internet Service

Provider’s logs, and thus gain information about users and their activities.
11.12 All of the identified information that Australian Distillers Association (ADA) has used to grant access can be viewed and changed by users when they view their personal details. In addition, users may contact Australian Distillers Association (ADA) at any time to access personal information about themselves or directly access their details via the online portal. They will be required to fill out a form to access this information. Access will be provided unless the request is unreasonable, or the applicable privacy legislation permits or requires Australian Distillers Association (ADA) to decline that access. As permitted by law, a fee may be requested to cover the cost of access.

Use and disclosure of information collected
11.13 Australian Distillers Association (ADA) collects personal information for a number of purposes (being the primary purposes of collection), including:

• to provide membership services and benefits and maintain membership and service/benefits records;
• to assist, support, provide and improve continuing professional development and education and training;
• to monitor and investigate conduct;
• to implement, monitor and maintain quality assurance processes and systems, as well as processes and systems concerning regulatory matters, registrations, accreditation, audits, risk and claims management (including dealings with insurers);
• to procure funding, donations or other support for the activities of Australian Distillers Association (ADA);
• to enable internal administration, training, assessments and reviews; and
• to effectively operate the Site.

11.14 Any information users provide will only be used for the primary purposes for which users have provided it or a secondary purpose if it directly relates to the primary purpose or for any other lawful purpose.

11.15 Australian Distillers Association (ADA) engages third parties to perform certain business functions. Therefore, it is sometimes necessary to disclose personal information to those suppliers. Disclosures may also be made to other third parties, including advisors and regulatory authorities. Where disclosure takes place, Australian Distillers Association (ADA) seeks to ensure that personal information is handled appropriately.

Security
11.16 We endeavour to ensure the Australian Distillers Association (ADA) Site is secure through the use of firewalls. Personal data is maintained under strict security and can only be accessed internally by the Australian Distillers Association (ADA) Executive who have permission to do so.

Complaints and concerns
11.17 Any concerns about the Australian Distillers Association (ADA)’s handling of personal information should be directed to Australian Distillers Association (ADA) in the first instance. Requests may be required in writing and resolution of concerns will be sought as promptly as possible.

11.18 The Australian Government’s Privacy Commissioner is an additional source of information (see http://www.privacy.gov.au/)

Google Analytics

11.19 Currently we are using Google Analytics to analyse the audience of the Site and improve our content. No personal information is collected from Google Analytics. Read more about the privacy policy concerning Google Analytics.

12. General

12.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these terms.

12.2 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

12.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms.

13. Governing law

These terms of use will be constructed according to and are governed by the laws of Queensland, Australia.

These Terms of Use were endorsed by Australian Distillers Association (ADA) Executive December 2019

Additional Terms of Use

In this policy, “us”, “we”, or “our” means Australian Distillers Association (ADA), operators of this website.

These terms of use govern your use of and access to this website.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

These terms were last updated on 10 December 2019.

Purchasing Online

1. MINIMUM AGE AND LEGAL CAPACITY

Purchasing products or services on this website is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.

Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

2. ACCURACY OF PRODUCT DESCRIPTION

All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

• Human error in entry of information
• Incorrect information provided to us by suppliers or distributors
• Failure of suppliers or distributors to supply updated information to us

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

3. PAYMENT

All orders on this website must be pre-paid before fulfilment. All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.

In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can ship.

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, we do not warrant that stock will be held until an alternate payment method is available or the original payment method made to function.

4. PRICES AND TAXES

Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.

If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.

5. RETURN POLICY

In the case of purchase of a physical product from this website which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:

• The product proves faulty within 14 days of receiving the product and/or date of invoice
• The product does not match its description as provided when sold
• The product received is not the product ordered
• The product has been damaged in transit

Please contact us immediately if any of the above occurs to arrange a return. Products returned without prior notice will be rejected.

Please ensure that returned products are safely packed in their original packaging. We will not be held liable for damage to products incurred during return shipping.

Refunds will be issued to the extent required by the Trade Practices Act 1974 (Cwth) and Sale of Goods Act 1958 (Vic). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.

6. TAX INVOICE

Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.

7. SECURITY

We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

8. LIMITATION OF LIABILITY

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

General Terms

1. JURISDICTION

These terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these terms.

2. ACCESS

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

3. CONDUCT

You must not use, or attempt to use this website:

• in breach of any applicable laws of the State of Victoria, Commonwealth of Australia, or local laws in your jurisdiction
• to impersonate any person or entity
• to solicit money, passwords, personal information or other property from any person or entity
• to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
• to publish or facilitate publication of personal information of a third party without their consent
• to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
• to publish or facilitate publication of pornographic or offensive material
• to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
• to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to this website, to understand our practices.

5. COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

• Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
• Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser's cache).

6. THIRD PARTIES

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

7. LIMITATION OF LIABILITY

Your use of this website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.