OVERVIEW

This website is operated by Sans Drinks Online Pty Ltd (ABN 31 628 043 578). Throughout the Site, the terms "we", "us" and "our" refer to Sans Drinks Online Pty Ltd. Sans Drinks Online Pty Ltd offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service ("Terms"), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, browsers, vendors, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the online eCommerce platform that enables us to sell our products and services.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and have given us your consent to allow any of your minor dependants to use this Site.

You must not use our products for any unlawful or unauthorised purpose, nor may you, in the use of the Service, violate any applicable laws in your jurisdiction (including, but not limited to, copyright laws).

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

A breach or violation of any of these Terms will result in an immediate termination of your access to the Service.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve:

  • Transmissions over various networks; and

  • Changes made to conform and adapt to the technical requirements of connecting networks or devices.

Credit card information is always encrypted during transmission over networks.

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

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

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is inaccurate, incomplete or outdated. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete or timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information is provided for reference only and may not be current. We reserve the right to modify the contents of this Site at any time, but we are under no obligation to update any information on our Site. You acknowledge that it is your responsibility to monitor changes to our Site.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

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

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 — PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products on the Site. However, we cannot guarantee that your device or monitor will accurately display every colour.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer made on this Site for any product or service is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, the same credit card, and/or the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.

For more information, please refer to our Returns Policy.

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider.

We may also, in the future, introduce new services and features through the website, including new tools and resources. Any such new features or services shall also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this Site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites and do not warrant or accept any liability or responsibility for any third-party materials, websites, products or services.

We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites.

Before engaging in any transaction with a third party, you should carefully review their policies and practices. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (for example, competition entries), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use any Comments that you provide to us.

We are under no obligation to:

  • Maintain any Comments in confidence;

  • Pay compensation for any Comments; or

  • Respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.

You further agree that your Comments will not contain unlawful, abusive, defamatory or obscene material, or any virus or malicious code that may affect the operation of the Service or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or any third party regarding the origin of your Comments.

You are solely responsible for any Comments you submit and their accuracy. We accept no responsibility or liability for any Comments posted by you or any third party.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy, which forms part of these Terms of Service. Please refer to our Privacy Policy for details about how we collect, use, store and disclose your personal information.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Site or within the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and product availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information has been modified or updated.

SECTION 12 — PROHIBITED USES

In addition to the other prohibitions set out in these Terms of Service, you are prohibited from using the Site or its content:

  • For any unlawful purpose;

  • To solicit others to perform or participate in unlawful acts;

  • To violate any international, federal, state, territory, provincial or local laws or regulations;

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

  • To submit false or misleading information;

  • To upload or transmit viruses or any malicious code that may affect the functionality or operation of the Service, our website, other websites or the internet;

  • To collect or track the personal information of others;

  • To spam, phish, pharm, pretext, spider, crawl or scrape;

  • For any obscene or immoral purpose; or

  • To interfere with or circumvent the security features of the Service, our website, related websites or the internet.

We reserve the right to terminate your use of the Service or any related website if you breach any of these prohibited uses.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice.

You expressly agree that your use of, or inability to use, the Service is entirely at your own risk.

The Service and all products and services delivered through the Service are provided on an "as is" and "as available" basis, unless otherwise expressly stated by us. We make no representations, warranties or conditions of any kind, either express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

To the maximum extent permitted by applicable law, Sans Drinks Online Pty Ltd, including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind. This includes, without limitation, loss of profits, revenue, savings, data, replacement costs or similar damages, whether arising in contract, tort (including negligence), strict liability or otherwise, resulting from your use of the Service or any products purchased through the Service, or for any other claim related to your use of the Service or any content made available through it.

Where any jurisdiction does not permit the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sans Drinks Online Pty Ltd, its parent companies, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers and interns from and against any claim, demand or proceeding, including reasonable legal fees, arising out of or related to:

  • Your breach of these Terms of Service;

  • Any documents incorporated by reference into these Terms of Service;

  • Your violation of any law; or

  • Your infringement of the rights of any third party.

SECTION 15 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 — TERMINATION

These Terms of Service remain effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

SECTION 17 — ENTIRE AGREEMENT

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

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

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 — GOVERNING LAW

These Terms of Service, together with any separate agreements under which we provide you with Services, shall be governed by and construed in accordance with the laws of New South Wales, Australia.

SECTION 19 — CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by publishing updates and changes on our website.

It is your responsibility to review these Terms periodically. Your continued use of or access to our website or the Service following the publication of any changes constitutes acceptance of those changes.

SECTION 20 — CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us using the details below.

Sans Drinks Online Pty Ltd
ABN: 31 628 043 578

6 Burilda Close
Wetherill Park NSW 2164
Australia

Email: contact@sansdrinks.com.au