Terms 2017-10-06T07:32:18+00:00

Terms and Conditions

True North Spirits Pty Ltd as trustee for the True North Trust

1. General

(a) The Terms governing your use of www.truenorthspirits.com.au and all other software platforms and offerings provided, owned and operated and/or issued for sale (the Platform) by True North Spirits Pty Ltd (ACN 618 310 642) as trustee for the True North Trust trading as True North and/or its Related Entities (as defined in the Corporations Act 2001 (Cth) (us/we), are set out below.

(b) By using the Platform you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Platform. The Terms constitute the entirety of the terms and conditions of use with respect to the Platform unless otherwise expressly allowed for in writing by us.

(c) We reserve the right to vary any of the Terms, or any other policy or guideline regarding the Platform, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Platform. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Platform periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Platform constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Platform or purchase the Products.

2. You

You, at all times:

(a) warrant that your use of the Platform does not violate any applicable laws;

(b) confirm that you have elected to use the Platform of your own free will;

(c) confirm that you have not previously been suspended or removed from the Platform;

(d) confirm that you are eligible to use the Platform; in order to be eligible, you must be at least eighteen (18) years of age, and we reserve the right to verify any identification documentation that we may request, if we so determine in our absolute discretion;

(e) acknowledge that your use of the Platform may result in data usage charges from your mobile or internet provider;

(f) acknowledge that your use of the Platform may provide access to, and interaction with, third parties and their content, messages, images, or other materials;

(g) will always use the Platform, in a respectful, inoffensive and courteous manner;

(h) agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the Platform, including registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”; and/or “Instagram” (Social Media), and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;

(i) agree and acknowledge that registration through Social Media will allow us to have access to your Social Media content, subject to any content that is private and/or limited to that specific Social Media application;

(j) agree to maintain the security of your password and to keep your details correct and updated on the Platform;

(k) use the Platform at your own risk;

(l) acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall govern over any terms of our Privacy Policy; and

(m) agree that, in the event that an account is created under the name of a corporate entity, the authorised agent of such corporate entity, listed in the account details, hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.

3. Your Account

(a) In order to use the Platform, you must create one individual account on the Platform (Your Account).

(b) You agree and acknowledge that by creating Your Account, you will be entitled to choose the type, and the extent of, your access to the Platform (the Membership Tiers).

(c) The Membership Tiers described on the Platform, from time to time, form part of the operative provisions of the Terms, unless otherwise noted in the Terms.

(d) Your Account is not transferrable to any other entity or person. You are the sole owner of Your Account and only you can retain, access and use Your Account. Your Account is your full responsibility and you must keep Your Account in good, proper and fit-for-use condition.

(e) Your Account provides you with access to our payment facility, in accordance with the Membership Tiers applicable to you, which payment facilities are outlined in clauses 6 and 7.

4. Our Offering

You agree and acknowledge that:

(a) using the Platform in accordance with these Terms will allow you to, subject to the terms of your Membership Tier, elect to:

(i) receive access to and/or use:

(A) our Platform content (the Membership Content); and/or

(B) our software as a service offerings (SAAS); and/or

(collectively, the Services)

(ii) purchase products made available by us on the Platform (the Products), from time to time,

(b) you acknowledge and agree that your level and extent of use of the Services and/or the Products is dependent on the Membership Tier that you have elected to subscribe to in Your Account;

(c) you acknowledge and agree that the purchase of the Products may be available in to you, once you create Your Account, which purchase may or may not be subject to a Membership Tier;

(d) you agree to pay us for the Services and/or the Products, as set out on the Platform from time to time, in accordance with the Membership Tier to which you subscribe to in Your Account;

(e) we may modify the level of functionality in the Membership Tiers in our absolute discretion, which may change your level of access to the Services and/or the Products made available to you, and you agree to release us from any liability that may arise as a result; and

(f) you acknowledge that we may use the information that you provide on the Platform in order to suggest Services and/or Products to you, that may be appropriate for your use. You acknowledge that any recommendations that we make are suggestions only and we make no warranty of any kind in relation to these suggestions and/or the Services and/or the Products; and you release us from all liability in this respect.

5. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users.

6. Sale And Purchase

In order to purchase the Products:

(a) you agree to pay us the prices that we have allocated to those Products, by using the checkout process on the Platform. All prices on the Platform are in the relevant jurisdiction’s currency and, unless otherwise stated, include GST. We reserve the right to vary the prices displayed of the Products at any time, in our absolute discretion, without notice to you. Any such changes to the prices of the Products will be visible and displayed on the Platform;

(b) we may accept payment via PayPal, credit cards and/or debit cards, including Visa and Mastercard. When making credit card or debit card payments using the Platform, we use Stripe to ensure that your information is kept safe and secure. We may from time to time change Stripe, in our absolute discretion, and without notice to you;

(c) the information on the Platform constitutes an invitation to treat, and your offer to purchase the Products will not be accepted by us until your payment for the Products has been successfully processed, we have received your payment in cleared funds, and you have received a receipt from us that includes the transaction number, and confirmation from us, which will confirm the Products that you have nominated to purchase (your Order);

(d) we reserve the right to refuse to complete your Order and/or cancel your Order at any time, in our absolute discretion, and where we determine to do so, we will contact you using the contact details that you have provided in Your Account; and

(e) we may, in our absolute discretion, limit the amount of Orders you make and/or refuse to sell the Products to you, if we determine that Your Account is fraudulent, or that you are using Your Account to purchase Products for the purpose of resale and/or redistribution.

7. Subscriptions

(a) You agree and acknowledge that electing to receive the Services and/or purchase the Products from our Platform is an election by you, to receive the Services and/or the Products on an ongoing basis (Subscription).

(b) The functionality, level and extent of the Subscription is dependent upon the Membership Tier that you have elected to subscribe to in Your Account.

(c) You agree and acknowledge that:

(i) we will issue you, on a monthly basis, with a Subscription to the e-mail address provided by you when setting up Your Account;

(ii) there is no minimum time period that you are required to have the Subscription;

(iii) if you purchased the Products as a part of your Subscription, clause 6 applies, and you agree that your Subscription has a recurring payment feature to which you agree to us charging you for these payments without further authorisation from you, for an indefinite period of time, until your Subscription is cancelled;

(iv) we may vary the price of the Subscription at any time without notice to you. In this regard, you must regularly check the prices for subscribing as displayed on the Platform and you may elect to cancel the Subscription if you do not agree to any variations in the price of the Subscription in accordance with clause 7(c)(v) below; and

(v) you may cancel, vary or freeze the Subscription, by submitting a request to cancel, vary or freeze the Subscription, at any time, in Your Account. You acknowledge that we will have to process your request and that we will send you a confirmation email which will advise the date from which your request will take effect. In the event that you do not receive this notification within two (2) hours of completing the request, please contact us at hello@truenorthspirits.com.au. You further acknowledge that, if applicable, the recurring payment outlined in clause 7(c)(iii) will cease if you make the election to cancel, vary or freeze the Subscription not less than seven (7) days prior to the date that the payments are due by you, however, should you fail to make the election within that time, you will be billed for, and receive, the Subscription for the following month. You release us from all liability in respect of your request, including any delay by us, in processing your request.

(d) We reserve the right not to renew your Subscription for any reason and at any time, in our absolute discretion.

8. Shipping & Delivery

(a) You acknowledge and agree that we use a third party to deliver/supply your Order to you.

(b) You acknowledge and agree that your Order may be delivered/supplied to certain areas, which are confirmed by the information you provide in Your Account. You release us from any liability arising out of any failure to deliver to an address outside of these areas.

(c) Your Order will be delivered to the address that you provide to us in Your Account, and you agree that ownership of, and risk relating to, your Order passes from us to you as soon as the payment for your Order is received by us, in cleared funds. You must ensure that the nominated postal address that you have provided in Your Account is correct. You release us from any liability arising out of any failure to deliver your Order to you, as a result of your incorrect insertion of a postal address in Your Account.

(d) Our delivery agent will advise you of a delivery date for your Order. In the event that you do not receive your Order within this time, you must promptly notify the delivery agent via email, at which point the delivery agent may assist you to locate your Order. We will not be liable for any costs, damages or losses caused by or related to the postage of your Order, or the timing of the delivery of your Order.

(e) If you do not receive the Order from the delivery agent after contacting the delivery agent in accordance with clause 8(d), you must promptly notify us via email, by including your name, contact details and receipt number, at which point we may assist you with your Order. We will not be liable for any costs, damages or losses causes by or related to the failure of the delivery agent in the delivery of your Order.

(f) Your Subscription will be received through the email address you provide to us in Your Account within twenty-four (24) hours of purchase. You agree that ownership of, and risk relating to, the Subscription passes from us to you as soon as the Subscription is delivered to the email address provided by Your Account. You must ensure that the details in Your Account are correct. You release us from any liability arising out of our failure to deliver the Subscription to you, as a result of your incorrect insertion of your details in Your Account.

(g) In the event that you do not receive the Subscription within twenty-four (24) hours of your election to receive the Subscription, you must promptly notify us via email, by including your name, contact details and your confirmation number, at which point we may assist you to locate the Subscription, in our absolute discretion. We will not be liable for any costs, damages or losses caused by or related to the transmission of the Subscription, or the timing of the delivery of the Subscription.

9. Cancellation, Returns And Refunds

(a) We reserve the right to cancel your Order and/or the Subscription at any time prior to ownership of the Products and/or the Subscription passing to you, in which event, we will provide with a credit note, if applicable, in the amount of those Products within a reasonable time.

(b) Notwithstanding the remainder of these Terms, you may not return Products if:

(i) you change your mind; or

(ii) the Products are not suitable for return.

(c) Subject to your Membership Tier, in the event that you are entitled to a return a Product, due to some fault or mistake in relation to the Product:

(i) you will need to contact us within one (1) day of receiving the Product. You can contact us via the email address that is listed on the Platform; and

(ii) you must, within two (2) business days of receiving the Product, return the Product to us, in an unopened and unused condition that you received the Product in and you must provide us with a receipt or proof of purchase which matches the receipt number and/or proof of purchase details in Your Account;

(iii) we will provide you with a credit note only to the value of the Product. If you would prefer a refund, you must immediately notify us; and

(iv) in the event that you return Products to us outside of our jurisdiction, you agree to pay any customs and duty taxes as may be required by local and international authorities, when returning the Product to us, and you release us from any liability in this regard.

(d) We do not accept refunds for sales Products and/or Orders.

(e) We will not be liable for any costs that you incur, including but not limited to postage costs, in order to return your Orders to us.

(f) You may cancel your Subscription services in accordance with clause 7(c). We may cancel your Subscription without notice to you, if we determine that you are misusing the Subscription in contravention of these Terms, including but not limited to, acting fraudulently, failing to have the required amount of funds available for payment of the Subscription, and/or failing to rectify a breach, as advised by us, within seven (7) days of receiving the notice of the breach.

(g) In the event that we are entitled to a cancel a Subscription, due to some fault or mistake in relation to the Subscription as listed on the Platform we will contact you within one (1) day of the mistake or fault. We can contact you via the email address or the mobile number that you provided in Your Account.

10. Rewards

(a) We may make offers to you offer you to enter competitions, and/or issue you with prizes in conjunction with competitions (Rewards), from time to time, to be used in relation to your use of the Platform, and/or your purchase of the Products and/or the Subscription, in our absolute discretion.

(b) The Rewards may be provided by us and/or third party suppliers. We are in no way responsible or liable for any changes that may be made to the Rewards. We are in no way liable for the actions of any third party supplier of the Rewards, including but not limited to eligibility criteria, value of the Rewards, expiry dates and items to which the Rewards applies. The Rewards may only be offered and redeemed through the Platform and you will be required to follow the instructions that are contained in the Platform, in order to use the Rewards.

(c) We will not be liable for any loss, damage, costs or injury suffered in relation to any Rewards. We will not be held responsible for, or liable in regards to, any of a third party’s obligations to you, which are contained within the Rewards or otherwise associated with the Rewards. Any issues and/or questions that you may have in regards to the Rewards must be communicated to the third party provider directly.

11. Your Content

Your use of the Platform and/or any other digital platforms associated with the Platform or us, may enable you to create, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, the Social Media affiliate associated with Your Account and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:

(a) grant us and our Related Entities a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;

(b) acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;

(c) acknowledge that we have no obligation to maintain any confidentiality in relation to Your Content, to offer you any payment in any form in relation to Your Content, or to attribute any authorship to you in relation to Your Content;

(d) grant us and our Related Entities and sublicensees the right to use the name that you submit in connection with Your Content, if we so elect in our absolute discretion;

(e) represent and warrant that:

(i) you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the Platform;

(ii) Your Content is accurate and not misleading; and

(iii) your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity,

(f) grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;

(g) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content;

(h) you forever release us and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights;

(i) agree that we may use Your Content, in whole or in part, for our own commercial purposes;

(j) acknowledge that certain third parties may access encrypted and anonymous information associated with you, as a consequence of your use of the Platform, for the purposes of advertising and/or usage analytics, including but not limited to your mobile browsing data, mobile application data, non-precise location information and other non-precise information; and

(k) acknowledge that the third parties may allow you to opt out of providing the information referred to in 11(j), subject to the third parties’ own terms and conditions, and you release us from any liability regarding the third parties’ use and access to the information referred to in 11(j).

12. Restrictions

When accessing or using the Platform, you must not, at any time:

(a) use the Platform for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;

(b) use the Platform in any way that could damage our reputation or the goodwill or other rights associated with the Platform or Our Content (as defined below) or any entity associated with the Platform and/or Our Content;

(c) use or attempt to use another user’s account in any circumstances;

(d) harass, abuse, intimidate, bully, or otherwise offend any other user of the Platform;

(e) violate any legislative, common law or equitable rights of any third parties;

(f) send any of Your Content which:

(i) contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;

(ii) impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;

(iii) encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the Australian Stock Exchange or the NASDAQ;

(iv) is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(v) contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;

(vi) contains viruses, corrupted data or other harmful, disruptive or destructive files; or

(vii) in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose us or our Related Entities or its users to any harm or liability of any type.

13. Us

You agree and acknowledge that we may, at any time, in our absolute discretion and without notice to you:

(a) modify, discontinue, temporarily or permanently, your access to the Platform in whole or in part;

(b) assign our interests outlined in these Terms;

(c) run advertisements and promotions on the Platform, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions; and/or

(d) freeze or terminate your access to the Platform without prior notice to you.

14. Our Content

(a) Except as otherwise expressly indicated by us in writing, the Platform and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Platform, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The Platform and all of Our Content is copyrighted – (c) 2017 True North Spirits Pty Ltd as trustee for the True North Trust trading as True North All Rights Reserved.

(b) We own all intellectual property rights in relation to the Platform and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.

15. Limited Licence

We hereby grant you a non-exclusive, limited, non-sublicenseable licence to access the Platform and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us in our sole discretion. In using this licence, you must not:

(a) use Our Content other than for its intended purpose;

(b) distribute or display Our Content without our prior permission;

(c) modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;

(d) use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;

(e) use Our Content for any commercial use; or

(f) copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look and the feel of the Platform, including all page headers, custom graphics, button icons and scripts.

(g) To request permission for uses of Content not included in the foregoing licence, you must contact us by email to:

Platform and/or the Platform Administrator
True North
hello@truenorthspirits.com.au
16. Copyright Complaint Policy

(a) Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address hello@truenorthspirits.com.au.

(b) We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.

17. Repeat Infringer Policy

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. Termination

You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the licence contained in these Terms immediately and without notice to you.

19. Warranty Disclaimer

(a) Except as expressly provided to the contrary in writing by us, or the Platform, the materials contained therein, the Membership Tiers, the Products, the Services and the Subscription are provided on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Membership Tiers, the Products, the Services and the Subscription, information, content and materials on the Platform. We do not represent or warrant that materials in the Platform are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Platform and/or the Membership Tiers, the Products, the Services and the Subscription, or any portion thereof.

(b) We are not responsible for typographical errors or omissions relating to the the Membership Tiers, the Services, the Products and the Subscription, availability, pricing, text or imagery. In the event that any information displayed on the Platform or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, the Membership Tiers, the Services, the Products and the Subscription features or other information, you agree that we may terminate any agreement arising from any acceptance of an offer made in this regard, despite the fact that you have received a confirmation email. In this event, our refund policy listed in clause 9 applies.

(c) While we attempt to make your access to and use of the Platform safe, we cannot and do not represent or warrant that the Platform or its Platform and/or app server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industry-recognised Platforms and/or apps to detect and disinfect viruses from any download or use of the software application.

(d) We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third parties. We are not responsible for any entity that claims to be authorised on its behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.

20. Limitation Of Liability

(a) We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Platform, the Membership Tiers, the Services, the Products and the Subscription, except for the Statutory Rights.

(b) You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our Related Entities, or their respective directors, officers, employees or agents arising out of or in any way relating to your purchase of the Products and/or the Subscriptions, your use of the Platform and/or the Services, Our Content or the materials contained in or accessible through the Platform, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Platform and/or the Platform content, or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Platform. You use the Platform at your own risk and purchase the Membership Tiers, the Services, the Products and the Subscription at your own risk.

(c) Without limitation of the foregoing, neither us, nor our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of the Subscription and/or the Products, the use of the Platform, the content or the materials contained in or accessible through the Platform, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the Platform, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.

(d) In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Platform exceed any amount that you pay to us, if any, for the purchase of the Products and/or the Subscription and/or your use of the Services.

(e) We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.

(f) We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, that may result from your use of our Platform.

(g) We take no responsibility and assume no liability for any Rewards, the Subscription, the Services, the Products, content or communication that you may receive from the Provider, nor any of the changes that the Provider may make to the Subscription and the Products.

21. Indemnity

You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.

22. Applicable Law And Venue

The Platform is accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Platform will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the Platform will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Platform from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.

23. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

24. Notices

You agree that we have the right to send you certain information in connection with the Platform and/or the Subscription and/or the Services and/or the Products. We may send you this and any other information to the e-mail address that you provided for Your Account. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Platform. Notices provided to your e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Platform, you agree that you will have, or have access to, the necessary Platform and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Platform.

25. Waiver

You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.

26. Questions And Comments

If you have any questions regarding these Terms, the purchase or use of the Services or the Subscription, or your use of the Platform, please submit them to us, using the email address, hello@truenorthspirits.com.au.

MEMBERSHIP