KettleFit Terms & Conditions

The following terms and conditions of use (the “Terms and Conditions” or “Terms of Use”) govern your use of the website KettleFit.com.au, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by trading as KettleFit (“KettleFit ” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site.

BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.

If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Code of Conduct

We continually strive to offer our members a unique and satisfying experience by curating fine whiskies. Accordingly, we reserve the right to cancel or terminate any member’s account for any violation of our Terms and Conditions. Any fraudulent behaviour, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks, either on KettleFit or towards KettleFit , our Vendors or any third party, will not be tolerated. Play nice!

As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.

Website Content

  1. The materials (including all software) and services at this site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. KettleFit obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
  2. KettleFit further does not warrant the accuracy and completeness of the materials, information or services at this Site.
  3. KettleFit may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and KettleFit makes no commitment to update the materials and services at this Site.
  4. Information published at this Site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
  5. You agree to use this Site for personal purposes and not for commercial purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by KettleFit and that you will not access KettleFit by any other means other than through the interface provided.
  6. In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to KettleFit will always be accurate, correct and up to date.
  7. You agree that you will not reproduce, copy, sell, barter, or trade any information you access on KettleFit .
  8. You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage KettleFit may suffer. You also agree that KettleFit has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.

Passwords, Privacy and Security

  1. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorised use of your account, you may be liable. By using this Site, you represent you are qualified and authorised to use this Site under the account registered.
  2. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorised use of account information, you agree to notify us by contacting us.
  3. You acknowledge that you have read, understood and will comply with the terms of our privacy policy and these Terms and Conditions.

Transactions

  1. If you wish to purchase any product or service made available, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information.
  2. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilised in connection with any transaction.
  3. By submitting such information, you grant to KettleFit the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding our privacy policy, please contact us before purchasing a product.
  4. In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.
  5. KettleFit and our Vendors make no representation as to the right of any person to import any product in to any state.
  6. Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
  7. All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.

Services

  1. KettleFit has affiliated legal entities that may provide services to you on behalf of KettleFit. You acknowledge and agree that such affiliates are entitled to provide services to you.
  2. KettleFit is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.

Promotions

  • Promotional vouchers can not be exchanged for cash,
  • Used in conjunction with one another,
  • Re-used on another transaction, or
  • Partially used across multiple orders

Returns and Refunds

Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.

Your rights under the Australian Consumer Law

‘Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.’

If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will cheerfully refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if KettleFit is at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or KettleFit has breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the customer.

The fastest way to obtain a refund is to contact us with your order details. Please allow 2-3 business days for your refund to be processed after the product has been received at the fulfilment centre. You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact us as soon as possible.

Liability Disclaimer

  1. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
  2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
    • you acknowledge that our sites (including this website and all mobile applications) (“Sites“) are provided “as is” and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;
    • the content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
    • we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;
    • we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
    • risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
    • where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the “Delivery returns/non-collection” or “Cancellations” sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
  3. Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Advertising

  1. The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history.
  2. The manner, mode, and extent of advertising by KettleFit is subject to change without notice.
  3. In consideration for granting you access to and use of the Site, you agree that KettleFit may place such advertising on the Site.

Links

  1. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”).
  2. Links to Linked Sites do not constitute an endorsement by or association with KettleFit of such sites or the content, products, advertising or other materials presented on such sites.
  3. KettleFit does not author, edit, or monitor these Linked Sites. You acknowledge and agree that KettleFit is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

Intellectual Property

  1. You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of KettleFit , our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
  2. As between you and the KettleFit , we are the owner and/or authorised user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.
  3. We do not grant any license or other authorisation to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by KettleFit . This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions.
  4. Unless specifically requested, KettleFit does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to KettleFit will be deemed not to be confidential or secret.
  5. By submitting or sending information or other material to KettleFit you represent and warrant that the information is original from you and that no other party has any rights to the material.
  6. By submitting or sending information or other material to KettleFit you grant KettleFit the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.

Miscellaneous

  1. These Terms and Conditions constitute the whole legal agreement between you and KettleFit and govern your use of the Site and completely replace all prior agreements between you and KettleFit in connection with the Site.
  2. You acknowledge and agree that KettleFit may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
  3. The Terms and Conditions and the relationship between you and KettleFit shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You and KettleFit agree that any cause of action, dispute or claim that may arise between you and KettleFit shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
    • claims arising out of or related to any aspect of the relationship between you and KettleFit , whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
    • claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
    • claims that may arise after the termination of these Terms and Conditions.
  4. We control and operate this Site from Melbourne, Australia. We do not represent that materials on this Site are appropriate or available for use in other locations outside Australia. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  5. You acknowledge and agree that KettleFit may terminate providing any services or the legal agreement between you and KettleFit for any reason at any time. If at any time, the relationship between KettleFit and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.