Whisky club terms and conditions

In these terms and conditions, “we”, “OKWC”, “us” and “our” refers to Old Kempton Whisky Club. Your access to and use of all information on this page including purchase of our services is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

1. Member Registration

1. You must become a Member of Old Kempton Whisky Club to access our Ballot system and membership entitlements. To become a Member you must fill out every section of our Old Kempton Whisky Club form.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. It is your responsibility to update your address details. Failure to do this may result in purchases being sent to an incorrect address and we will not be liable for this.

3. On registration, we provide you with a password and user name. On registration, you agree to pay for any product won by Ballot as per our Club agreement.

4. We reserve the right to terminate your Membership at any time if you breach these terms and conditions.

5. You must be 18 years or older to join Old Kempton Whisky Club. It is an offense to sell alcohol to minors and it is a punishable offense for a minor to purchase alcohol. Any minors attempting to join the club and found to have falsely claimed to be 18 or over will be reported to the Federal Police.

6. Entry into our Ballot is for Australians only. We ONLY post to Australian addresses.

7. Maintaining an active credit card is a requirement of Membership to Old Kempton Whisky Club. Your Membership will be terminated should your card be invalid when payment is attempted.

8. Your card details are securely captured and stored in a secure vault by STRIPE our 3rd-party payment processor. Each card is assigned a billing token which is stored on our site. This billing token is used to securely charge your card via the STRIPE site.

9. You can terminate your Membership at any time. There is no penalty for termination or minimum term required.

2. Your Subscription, and how it works

1. Old Kempton Whisky Club operates an “opt-out” system. This means that you are automatically opted-in to purchase your ballot subscription on a minimum basis of 4 times a year unless you decline the offer within the allotted timeframe (3 days).

2. Releases will be announced in the second week of every month. There is only a small amount of bottles per release- these are picked by the ballot system.

3. By becoming a Member of Old Kempton Whisky Club, you agree to receive email correspondence from us. Club does not accept responsibility for non-delivery of emails.

4. You have three days from the announcement email to “opt-out”.

5. You agree that if you fail to indicate your desire NOT to purchase a given month’s featured whisky, if you are drawn in the ballot, your registered credit card will be debited and your whisky will be delivered to the address provided by you at registration.

6. All prices are in Australian Dollars (AUD), are inclusive of GST, and inclusive of postage unless otherwise indicated. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

3. Opt-out, Refunds and Returns

1. We do not charge to be a Member of Old Kempton Whisky Club.

2. You can OPT OUT for 3 days after the Whisky is announced. Opting out can be done by the link attached to the email.

3. You will receive an email letting you know your opt out is successful- if you do not receive this email within 6 hours please contact us directly.

4. The is no penalty for opting out.

5. It is your responsibility to ensure that the email address provided to us at registration is correct in order for you to receive the Whisky of the Month email.

6. We reserve the right to accept or decline any late opt-outs or add-ins received after the stated deadline.

4. Charging your card

1. Unless otherwise stated and unless you have opted-out within the correct timeframe, your card will always be charged on the Friday of the 2nd week of the month.

2. Successful cards will receive a tax invoice via email and declined cards will be notified within 12 hours via email.

3. No attempt will be made to recharge your card. You will be sent an email stating your card has declined payment. It is your responsibility to ensure you card has enough funds and that your card details are up to date at all times via the member portal.

5. Delivery

1. We, or our agents, ship products to you according to the instructions agreed upon by you when subscribing to the service.

2. Shipping is free.

3. Should you not receive your bottle within 10 working days, contact us. Due to our remote location postage can sometimes take longer to reach mainland Australia. All parcels can be tracked. Sometimes parcels are returned to our warehouse by Auspost (Return to Sender) because of a variety of issues with delivery. These will be shipped back out to you on the next available monthly shipping run.

4. Should the product be damaged in transit, please let us know and we can arrange a replacement of the product or refund. We reserve the right to request evidence of damage in transit.

5. A person must not order or request a person under the age of 18 years to take delivery of liquor purchased from Old Kempton Whisky Club.

6. Site Access

a. When you visit our website, we give you a limited license to access and use our information for personal use.

b. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

c. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

d. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

7. Hyperlinks

a. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

b. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

8. Intellectual Property Rights

a. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All material including text and images, supplied by the client will remain the client’s property. The client is completely responsible for securing all necessary licenses or permissions for content that is supplied to Old Kempton Whisky Club. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws. The copyright for all material provided by Old Kempton Whisky Club such as code, graphics, photographs, images and text, will remain the property of Old Kempton Whisky Club until such time as payment has been made in full whereupon they will become the property of the client.

b. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

c. Any comment, feedback, idea, review, or suggestion (called “Comments”) which you provide to us through this website and/or the Club’s Facebook, Twitter and Instagram pages becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

d. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

e. All promotion and competition winners agree to supply a photo with prizes for promotional purposes.

9. Disclaimers

a. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

b. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

c. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

10. Statutory Guarantees and Warranties to Consumers

a. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

i. Schedule 2 of the C&C Act; and

ii. those statutory guarantees, all of which are given by us to you if you are a consumer.

b. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

i. We will repair or replace the goods or any part of them that is defective; or

ii. Provide again or rectify any services or part of them that are defective; or

iii. Wholly or partly recompense you if they are defective.

c. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-

i. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

ii. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.

iii. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

11. Limitation of Liability

a. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

i. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

ii. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

iii. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

iv. We do not participate in any way in the transactions between our users.

12. Indemnity

a. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

13. Jurisdiction

a. These terms and conditions are to be governed by and construed in accordance with the laws of Tasmania and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Tasmanian and you agree to submit to the jurisdiction of those Courts.

b. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

14. Privacy

a. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

b. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page