Terms & Conditions
This website (Website) is owned and operated by Mobius Distilling Company Pty Ltd ABN 40611178155 trading as The Company You Keep (TCYK, we, us or our).
Your access to, and use of the Website is subject to these Terms. By accessing, viewing or otherwise using this Website, You agree to be subject to and bound by these Terms.
We agree to You accessing the Website and accessing or downloading Content from the Website in accordance with these Terms. You warrant that you are over the age of 18 or otherwise lawfully entitled to purchase alcohol in the jurisdiction from which you access the Website.
Website and Content
All Content available on the Website, including (without limitation) any statements, representations and information is of a general nature only. Whilst we will endeavour to keep this Website and the Content of the Website up to date and accurate, we cannot guarantee that the Website or the Content on the Website will be up to date or accurate.
These Terms only govern Your access to and use of the Website and not to the purchase of goods or services offered to you for purchase from the Website. If You enter into any transaction, or have any other dealings with us via the Website, then such transaction or dealings will be governed by the terms of a separate agreement between You and us.
All trade marks on this Website are owned, or used under licence, by us. Nothing contained on this Website should be construed as us granting You any licence or right to use or reproduce any of these trade marks. Content is protected by copyright laws and is owned, or used under licence, by us. You may view any Content on the Website for the purposes of accessing our Website in accordance with these Terms however you may not otherwise use, reproduce or exploit the Content, any intellectual property in the Content or any other intellectual property accessible on or via the Website without obtaining our prior written consent.
Compliance with directions
You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of the Website (including any notice provided via the Website).
You agree not to do any of the following (unless expressly permitted under these Terms or if You have obtained our prior written consent):
copy, reproduce, replicate, post or redistribute the Content or any portion thereof;
modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Content obtained or derived from or through this Website;
use this Website or the Content for any commercial purpose; or
access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
You agree not to post, upload to, email, transmit, distribute, store, create or otherwise publish through this Website any Unacceptable Content.
We may at any time and without any obligation to give notice to You:
(a) temporarily suspend or disable the Website or Your access to the Website; or
(b) permanently cease operating the Website.
You agree that You cannot make any claim against us for any loss suffered by You as a result of any action taken by us pursuant to this clause
We may, at our sole discretion, vary or modify these Terms by posting the updated Terms on this Website. Any subsequent access to, or use of, this Website by You will constitute an acceptance of those varied Terms. You acknowledge and agree that we may, in our sole discretion, vary the features of functionality of this Website from time to time without any requirement to provide prior notice of the variation to You.
This Website may contain links to third party websites. These links are provided for convenience only and may not remain current or be maintained. These links do not indicate expressly or impliedly, any endorsement by us of the third party websites or the products and services provided on such websites. We are not responsible for the content or privacy practices associated with linked websites. You acknowledge and agree that all access to and use of any such third party websites and use of the website’s products and services is solely at Your own risk.
Errors and defects
We do not guarantee that access to this Website will be uninterrupted or error free. The operation and functioning of our Website is reliant on our own, and our technology and telecommunications partners’, operational processes in respect of computers, computer networks and telecommunications. Disruptions to these processes may result in our Website being unavailable from time to time and You acknowledge that You may not be able to access the Website or any associated accounts or related services during such periods.
Nothing in these Terms should be interpreted as attempting to exclude, restrict or modify Your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If You are a Consumer and the goods and services which we provide You in respect of Your access to and use of the Website are Non PDH Goods and Services, then our liability to You in relation to any claim relating to Your access and use of this Website and the Content is limited, at our option to:
the supplying of the relevant services again; or
the payment of the cost of having the relevant services supplied again.
If You do not access this Website and the Content as a Consumer, then to the extent permitted by law, we exclude all liability for any loss incurred by You, however caused (including by our negligence), suffered by You in connection with Your access and use of this Website and the Content. This clause applies even if we knew or ought to have known that the relevant loss would be suffered.
You agree that (subject to clause 11) we will not be liable for any consequential, indirect, special or other similar loss in relation to Your use of the Website or the Content, including loss of profits, loss of data, revenue or opportunity.
We will not be liable for a failure in the performance of obligations under these Terms by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, telecommunications or internet outages or any other cause which is beyond our reasonable control.
The Website may be accessed throughout Australia and overseas. We make no representations that the Content or the Website complies with the laws of any country outside Australia. If You access the Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Website.
You may not assign Your rights or obligations under these Terms.
If any provision of these Terms is invalid or not enforceable in accordance with its terms, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
All terms implied by law, except those that cannot be lawfully excluded, are excluded.
No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
You must ensure that Your use of this Website complies with all applicable laws and regulations.
In these Terms, unless the context requires otherwise:
Content means any information, material and content on the Website, including without limitation, information, text, graphics, materials, audio visual and other content available on the Website.
Consumer has the meaning given in section 3 of the Australian Consumer Law.
Non PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption.
Unacceptable Content means:
content which, in our reasonably held opinion, is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
content which is incorrect, false, misleading or defamatory; or
files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.
You or Your means any person accesses the Website.