Acceptance of Terms
Welcome to GINWORTH.
Responsible Service of Alcohol
GINWORTH supports the Responsible Service of Alcohol. All online liquor sales are processed by GINWORTH Pty Ltd (ABN 20 652 604 727) under Liquor Licence no. LIQP770017758 (NSW).
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years, and you must confirm that you are 18 years of age or over before your order will be accepted. GINWORTH reserves the right to require satisfactory proof of age prior to accepting an order.
Accuracy of Information
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. To the maximum extent permitted by law, neither GINWORTH Pty Ltd or its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. To the maximum extent permitted by law, GINWORTH Pty Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
The Content on the Website is for general information purposes only. GINWORTH does not represent or warrant that the information contained in this Website is suitable for specific needs or requirements of users. The information and material included in this Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed. You should independently assess whether the information in this Website is accurate, complete, relevant and appropriate to you.
Limitation of Liability
The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia or other jurisdictions may confer rights and remedies on you in relation to the information contained on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). GINWORTH Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) GINWORTH Pty Ltd and its suppliers expressly disclaim all warranties of any kind, (c) GINWORTH Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) GINWORTH Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not GINWORTH Pty Ltd ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of GINWORTH Pty Ltd) will GINWORTH Pty Ltd or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that GINWORTH Pty Ltd does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct. Subject to any consumer guarantees provided for in applicable consumer protection legislation which cannot be excluded by law, GINWORTH Pty Ltd excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
You agree to indemnify and hold harmless GINWORTH Pty Ltd and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand to arise out of or in connection with your use and access to the Website.
The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of GINWORTH Pty Ltd or the appropriate supplier or licensor of GINWORTH Pty Ltd.
You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
All software used on this website is the property of GINWORTH Pty Ltd or its software suppliers and is protected by Australian and international copyright laws.
The GINWORTH Pty Ltd wordmark and the logos of the GINWORTH Pty Ltd products are registered trademarks of GINWORTH Pty Ltd or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.
GINWORTH is protected in the Australian Trademark Office (IP Australia) under Registration Number 2156353. Any use of the brand GINWORTH must be approved by GINWORTH Pty Ltd.
Your Account, Membership and/or Registration
In consideration of your use of the Website, you agree to:
In particular, to register, you must provide your real name, postal address and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or GINWORTH Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GINWORTH Pty Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Electronic Communications and Your Conduct
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to GINWORTH Pty Ltd, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
GINWORTH Pty Ltd reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
GINWORTH Pty Ltd may permit you to make, share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and GINWORTH Pty Ltd disclaims any and all liability in connection with Contributions. GINWORTH Pty Ltd assumes no responsibility for monitoring any Contributions and does not endorse the information contained in any Contributions. GINWORTH Pty Ltd is under no obligation to treat your Contribution as confidential.
GINWORTH Pty Ltd may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
GINWORTH Pty Ltd may repost or share any information or content you upload to public networks in relation to GINWORTH and/or its products.
User License To GINWORTH Pty Ltd
By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to GINWORTH Pty Ltd and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the Contributions, information or material:
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of GINWORTH Pty Ltd and any other party authorised by GINWORTH Pty Ltd all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of GINWORTH Pty Ltd, you will execute and deliver to GINWORTH Pty Ltd such instruments and take such other actions as may be required to carry out this grant of license and waiver.
At GINWORTH Pty Ltd we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.
If you’re making an online purchase from GINWORTH Pty Ltd and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details.
Please REPORT any suspicious activity to us immediately.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on GINWORTH Pty Ltd from time to time. These websites do not form part of the Website and are not under the control of GINWORTH Pty Ltd or its related bodies corporate and neither GINWORTH Pty Ltd nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such websites you leave the Website and do so entirely at your own risk.
The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by GINWORTH Pty Ltd or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.
If you contact a third party using functionality provided on the Website, including via email, GINWORTH Pty Ltd accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Statements made on this Website have not been evaluated by the US Food and Drug Administration or the Therapeutic Goods Administration of Australia.
Products advertised or sold through the Website are not intended to diagnose, treat, cure, or prevent disease.
GINWORTH's Terms and Conditions of Sale
In these terms and conditions:
“Buyer” means the person to whom any quotation is made by GINWORTH, any person offering to contract with GINWORTH on these terms and conditions and/or any person who purchases Products from GINWORTH;
“Consequential Loss” means any loss or damage suffered by a party or any other person which is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity;
“Defect” means a defect, flaw or imperfection in the Products which prevents the Products from being used for the purposes intended for such Products or which makes the use of the Products dangerous, but does not include anything which has been disclosed as a feature or limitation of the Products by GINWORTH prior to the date of purchase, or any defect, flaw or imperfection that is trivial or insubstantial;
“GINWORTH” means GINWORTH Pty Ltd ACN 652 604 727 and each of its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth) (if such related body corporate is named as the party making or accepting the Buyer’s order of Products);
“Products” means all goods and services agreed to be supplied by GINWORTH to the Buyer under any contract, arrangement or understanding between GINWORTH and the Buyer;
“GST” means any goods and services tax and any replacement or similar tax on goods or services;
“GST Law” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Invoice” means the invoice issued by GINWORTH to the Buyer setting out the amount to be paid by the Buyer; and
“Order” means any order for Products placed by the Buyer with GINWORTH, in whatever form.
The Buyer hereby acknowledges that it has not relied on any service involving skill or judgment, or on any advice, recommendation, information or assistance provided by GINWORTH in relation to the Products or their use or application.
GINWORTH will not accept returns or refunds for 'change of mind'. However, if a Product is found to have a Defect, the remedies set out in clause 4)b) will apply in relation to that Product.
GINWORTH may terminate its agreement under these terms and conditions by written notice to the Buyer, without prejudice to any rights accrued under these terms and conditions if:
In addition to any right of lien to which GINWORTH may be entitled under the common law, GINWORTH shall be entitled to exercise a general lien over all items in its possession belonging to the Buyer until the Buyer has paid in full for all Products supplied by GINWORTH to the Buyer. GINWORTH may in its sole discretion sell any item that is subject to a lien, provided GINWORTH shall pay to the Buyer any surplus proceeds that are released by it from a sale of any such items after discharging in full all monies outstanding to GINWORTH in respect of unpaid Products and all reasonable costs of sale incurred by GINWORTH.
If any provision of these terms and conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these terms and conditions shall not in any way be affected or impaired.
These terms and conditions are governed by and construed under the law in the State of New South Wales, Australia. Any legal action in relation to these terms and conditions against any party or its property may be brought in any court of competent jurisdiction in the State of New South Wales. Each party irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
Notwithstanding any other clause in these terms and conditions, to the extent that any supply made under or in connection with these terms and conditions is a taxable supply (as defined by the GST Law), the Buyer must pay to GINWORTH, in addition to the consideration provided for under these terms and conditions, for that supply (unless it expressly included GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The Buyer must pay to GINWORTH the additional amount at the same time as the consideration to which it is referable. The Buyer is responsible for paying any other duties, taxes or charges, including any stamp duty (if applicable), in relation to the Products.
Waiver by GINWORTH of a breach of these terms and conditions or of any right or power arising on a breach of these terms and conditions must be in writing and signed by GINWORTH. A right or power created or arising on a breach of these terms and conditions is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.
No amount owing whether present or future, actual, contingent or prospective and on any account whatsoever by the Buyer to GINWORTH may be offset against any amount owing by GINWORTH to the Buyer hereunder on any other account whatsoever.
The purchase of Products under these terms and conditions does not confer on the Buyer any licence or assignment of any copyright, patent, design or trademark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Products.
Section 001 – What is personal information?
Some types of personal information are designated as 'sensitive information', and are subject to additional protection under the Privacy Act.
Section 002 – What types of personal information do we collect?
The types of personal information we collect about you will depend on the purpose for which the information is collected. This can include:
Generally, GINWORTH will not collect sensitive information about you. However, in certain circumstances, we may need to collect limited sensitive information. For example, if you disclose details of a medical condition or other specific dietary or allergy requirements to us in the course of requesting further information from us about any of our products. When you browse our website, we also automatically receive details of your device's Internet protocol (IP) address, your web browser type used to access our website and your operating system.
Section 003 – How do we collect personal information?
We collect personal information directly from you, including when you:
Section 004 – Direct marketing communications
We will only send you emails about our store, new products and other direct marketing communications (for example through mail, SMS or email), where you have consented to us doing so or we are otherwise permitted by law to do so. You can unsubscribe from direct marketing communications at any time by contacting us at email@example.com
Section Five – Can you choose not to disclose your personal information?
If you contact us to make a general enquiry about GINWORTH or our products, you do not have to identify yourself or provide any personal information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.
However, if we are not able to collect personal information about you, we may not be able to provide you with the information or assistance you require. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.
Section 006 – How do we use your personal information?
In general, we use your personal information for our business operations. Some specific purposes for which we use your personal information are as follows:
We may also use or disclose your personal information for other purposes to which you have consented, or as otherwise permitted or required by law.
Technical information and general analytics information is used for the purpose of gauging website visitor traffic and trends and delivering personalised content to you while you are on our website, and to improve our website and our products and services.
Section 007 – To whom do we disclose personal information?
We may disclose your personal information to third parties in connection with the purposes described above (see Section Six). We may disclose your personal information to the following types of third parties:
If we disclose your personal information to third parties, GINWORTH will use reasonable commercial efforts to ensure that such third parties only use your personal information to the extent reasonably necessary to allow the third party to comply with their obligations to us in a manner consistent with applicable laws. For example, where commercially practical, we will include suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.
Section 008 – Where is your data stored and transferred?
Our online store is hosted by Shopify Inc. Your data is stored in databases located in Australia and the United States of America. We store your data on a server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then our server stores your credit card data only until the payment transaction is completed and then the information is deleted. Your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Section 009 – Security
To protect your personal information, we take reasonable precautions and follow industry good practices with the aim of ensuring it is not lost, misused or inappropriately accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow PCI-DSS requirements and implement additional generally accepted industry standards.
Please notify us immediately if you become aware of any breach of security.
Section 010 – Third Party Services
When you click on links on our website, you may be directed away from our website. We are not responsible for the privacy practices of other websites and businesses, and we encourage you to read their respective privacy policies.
If you use any third-party service providers in the course of your use of our website, such as payment gateways and other payment transaction processors, these third-party providers have their own privacy policies in respect of the personal information we are required to disclose to them for your purchase-related transactions. We recommend that you read their privacy policies so you understand how these third-party service providers will handle your personal information.
Section 011 – How can you access and correct your personal information?
You may request access to any personal information we hold about you at any time by contacting us. We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply. We will need to verify your identity before we can comply with your request. We may also charge an administration fee in limited circumstances, for example if we are required to procure additional resources to comply with your request.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it by contacting us.
Section 012 – What is the process for complaining about a privacy breach?
If you have any questions, concerns or complaints about our collection, use, disclosure or management of your personal information, please contact us in writing using the contact details below.
We will make inquiries and your complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner.
If you are unsatisfied with the outcome, we will advise you about further options including, if appropriate, review by the Privacy Commissioner within the Office of the Australian Information Commissioner.
Section 013 – Exemptions
Where applicable, we will rely on the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.
Section 014 – Minors
The Site is not intended for individuals under the age of 18 years of age. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us via firstname.lastname@example.org to request deletion.
Section 015 – Questions and Contact information
If you would like to register a complaint or simply want more information about how we handle personal information, please contact us at email@example.com or via mail at PO BOX 803, Waverley NSW 2024.