Terms & Conditions

1. INTRODUCTION 

Liquor Legend’s (‘we’ ‘us’ ‘our’) website(s) (our ‘Site’ or ‘Sites’) and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites (collectively, the ‘TOS’). Please read the TOS carefully before placing any orders on https://liquorlegends.com.au/ Liquor Legends is a trading name of HOTEL & TOURISM MANAGEMENT PTY. LTD. (‘HTM’), a company registered in Queensland, ABN 26 086 906 872. The Head Office is located in Brisbane, Queensland. If you have any queries or comments about Liquor Legends, you can email us at support@liquidsolutions.com.au In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. We may modify the TOS from time to time, and recommend that you view our Site periodically for details of any changes. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. In these terms and conditions, the singular includes the plural and vice versa, and reference to any gender includes all other genders. 

Our Site is designed to provide you with convenient access to products sold by our banner outlets. When you use our site to order products, you are engaging Liquor Legends to act as your agent for the purposes of placing an order with one of our banner outlets on your behalf. In the TOS we use the term “transaction” to mean generally the process of receiving your instructions, placing the order for you, and facilitating payment and delivery arrangements. 

Because there are rules about the hours during which liquor can be sold by using our Site you acknowledge that it is the intention of the parties that title to the liquor being sold/purchased will not pass to the purchaser other than between the hours of 10am and 10pm, or 10am and 12 midnight where a particular licence authorises the sale of liquor for consumption off the premises until midnight, and an offer to purchase liquor from our banner outlets by way of an order taken or received by the relevant outlet is not accepted until such time as products are selected and allocated to the order. 

2. REGISTRATION 

To use some of the services or features made available to you on our Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, you should immediately update your information by signing into your account and editing your personal information in My Account. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify Liquor Legends immediately of any breach of security or unauthorised use of your account. Please refer to our Privacy Policy for information about how Liquor Legends use your data. 

3. ELIGIBILITY TO PURCHASE 

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your correct full name, date of birth, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct, and to confirm your identity as the person referred to in the Billing information provided. It is a condition of purchase, and a legal requirement, that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed. 

4. LEGAL NOTICE 

Liquor Legends supports the responsible service of alcohol. 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. No Alcohol can be sold or supplied to anyone under 18. It's against the law. A Liquor licence number will be displayed under each outlet once selected. 

5. ORDERS 

Subject to pre-order opportunities described in clause 5.2, all orders are subject to acceptance and availability in the ‘selected store’, and items in your shopping basket are not reserved and may be purchased by other customers. We endeavour to only offer products for sale that are in stock and available for dispatch within a reasonable period of time. Occasionally however, Liquor Legends may be waiting for additional stock from our suppliers. Should this occur, Liquor Legends shall endeavour to notify you of the expected delivery date and you will be given the opportunity to cancel your purchase and obtain a refund if so desired. Liquor Legends will store a record of your transactions for a minimum of three years. 

• 5.1 ACCEPTANCE OF YOUR ORDER  
  Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that it has been received. Unless your order is cancelled, acceptance of your order and completion of the contract between you and the selected Liquor Legends store will occur when the goods have been dispatched to you. The sale contract is therefore concluded in the State where the selected Liquor Legends store is located. Liquor Legends reserve the right not to place your order in certain events, including, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock, (other than pre-ordered items), or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also decline to process and accept a transaction for any reason or decline service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, declining to process a transaction or cancelling or reversing or suspending any transaction after processing has begun. 

• 5.2 PRE-ORDERS
  From time to time you may be given the opportunity to pre-order certain items.  These items will be clearly identified on the site, and you acknowledge that these products are not subject to the stipulations regarding availability and delivery times noted herein.  Liquor Legends shall endeavour to notify you of the expected delivery date, but you acknowledge that delivery dates may vary and are supplier-dependent.

6. PAYMENT 

Payment can be made by Visa, MasterCard and American Express cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Liquor Legends. When a payment is made by credit/debit card, we will proceed on the basis that the order is to be placed by the person or entity whose name appears on the credit/debit card as the owner of the card with the card/account number provided to us. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery. 

Liquor Legends take reasonable care to make our Site secure. All credit/debit card transactions are processed using Stripe Payment Solution’s secure online payment gateway that encrypts your card details in a secure host environment. With the combination of SSL encryption on our website and a secure browser at your end, we take all reasonable measures to ensure that your credit card and personal information are protected when you purchase online. We also recommend that you take appropriate security precautions when accessing the Internet via public Wi-Fi networks or shared computers. 

7. CLICK & COLLECT 

We agree to ensure your order is ready for collection at the time specified by you at check out. However, there may be times where we cannot achieve this due to busy trading periods or stock unavailability. When collecting you must show appropriate identification including photo ID and the Credit Card with which your order was placed to the relevant staff. In the event that the identification provided is not satisfactory, the processing of your order may be delayed until satisfactory identification is provided, and your order may be rejected if it is not provided. If you do not collect your order within 3 business days from the processed date, the outlet has the right to cancel the order and place the products back on shelf. 

8. SAME DAY DELIVERY 

We utilise a network of courier companies that may change from time to time depending upon your location and the location of the supplier and the fee will vary according to this. In order to comply with liquor laws an adult over the age of 18 years must be present to accept the delivery and will be required to present appropriate identification. If you are not present at the time of delivery, the courier company will return the items to the selected store or you may have to pick up from your local post office or an alternative parcel pick-up point as notified by the courier company. 

You may provide specific delivery instructions, including authorisation for another person over the age of 18 to accept the delivery providing they present appropriate identification. 

Your order may contain items from different suppliers and locations. If this is the case, your items will arrive separately and likely at different times. 

Liquor Legends reserve the right to restrict the number or quantities of an item being shipped to any one customer or postal address. 

9. STANDARD DELIVERY 

We utilise a network of courier companies that may change from time to time depending upon your location and the location of the supplier and the fee will vary according to this. In order to comply with liquor laws an adult over the age of 18 years must be present to accept the delivery and may be required to present appropriate identification. If you are not present at the time of delivery, the courier company may elect to leave the package at your address or you may have to pick up from your local post office or an alternative parcel pick-up point as notified by the courier company. 

You may provide specific delivery instructions, including authorisation for the package to be left at your address, during the checkout process. 

Your order may contain items from different suppliers and locations. If this is the case, your items will arrive separately and likely at different times. 

Liquor Legends reserve the right to restrict the number or quantities of an item being shipped to any one customer or postal address. 

10. UNATTENDED DELIVERIES 

If you pay by PayPal or credit card, and choose the Australia Post 3-5 standard business day option, you can request that your delivery is left on your doorstep if no-one is home. Our carriers reserve the right to leave a card (instead of your order) even if you request an unattended delivery. 

They may do so if: 

• 10.1 There is no clear delivery instruction authorising them to leave the parcel in a safe place  
• 10.2 Somebody is home but they cannot provide proof of age 
• 10.3 The driver is concerned that minors are present in the vicinity of your premises 
• 10.4 Unattended delivery is not available for: 
  • 10.4.1 Same day delivery 
  • 10.4.2 Premises that do not receive daily roadside mail delivery from Australia POST 
  • 10.4.3 First time orders 

11. RETURNS, EXCHANGES & REFUNDS 

In the event you receive goods that are damaged or faulty, please contact us within 30 days of receiving your order and we will arrange a refund of the value of the damaged goods. We reserve the right to require proof that the goods were damaged or faulty. If we are not satisfied with the proof provided, we may not refund the value of the goods. 

12. INTELLECTUAL PROPERTY RIGHTS 

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including our Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Liquor Legends. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. 

13. CONTENT 

In addition to the Intellectual property rights mentioned above, ‘Content’ is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Liquor Legends endeavours to ensure that the information on this Site is accurate and complete but does not warrant that the Content is accurate or error-free. You agree that Liquor Legends shall not be responsible or liable to you or to any other person in any way if the Content or services are not current or accurate. We may make changes to the Content, materials and services at this Site, or to the products and services described in them, at any time without notice. The Content and services at this Site may be out of date, and Liquor Legends makes no commitment to update the materials and services at this Site. The Content, products and services of our site are provided ‘as is’ without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The opinions of the suppliers whose products are presented, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Liquor Legends and we accept no responsibility for any such views expressed in any media of any description. 

14. NO COMMERCIAL USE 

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. 

15. YOUR ACTIVITY 

You agree that you will be personally responsible for your use of this Site and for all of your communications and activity on or relating to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may, in our sole discretion, deny you access to this Site on a temporary or permanent basis. 

16. THIRD PARTY 

Liquor Legends may include hyperlinks on this Site to other websites or resources operated by parties other than Liquor Legends, including advertisers. Liquor Legends has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. 

17. LIABILITY DISCLAIMER 

The Site is provided by Liquor Legends in good faith but Liquor Legends does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law. The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. To the extent permitted by law, Liquor Legends hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of them. You agree that, by accessing and using the Site, you release Liquor Legends and its employees and agents from all liability (however occurring) for any loss and/or damage arising directly or indirectly from or in connection with any use, or inability to use, all of any part of the Content the Site and/or any website to which the Site is linked or any action taken (or not taken) as a result of using any of them. 

18. OFFERS & PROMOTIONS 

From time to time promotional discount campaigns may be offered which may apply in respect of any, or certain specified, purchases made using this Site. The promotional conditions of use and redemption requirements will be specified on our website. Promotions may be automatically applied to your cart, whilst others require a promotion code to be applied during checkout. The following terms and conditions relate to all promotions, competitions and promotion codes unless otherwise stated: 

• 18.1 Only one promotion code can be used per order. 
• 18.2 Selected brand and product exclusions may apply. 
• 18.3 A promotion code can’t be used after an order has been placed. 
• 18.4 References to a maximum discount or saving include the savings you receive from free shipping campaigns, being the shipping fee, you would otherwise have been charged on your order. 

19. REWARDS PROGRAM 

These Terms and Conditions form the basis of the Hotel and Tourism Management Rewards Program (“Rewards Program”). All Members are bound by these terms and conditions. 

• 19.1 Membership of the Rewards Program 
  Only natural persons may be members of the Rewards Program. Membership is free. If you wish to become a Member of the Rewards Program, you must apply for membership in the way designated from time to time by HTM. HTM may accept or reject any application for membership, in its absolute discretion. On acceptance by HTM, you agree to be bound by these Terms and Conditions, as varied from time to time, and will be issued with a membership number and a membership card. Only one card will be issued to a member at any given time. Membership of the Rewards Program becomes effective when the membership card or Rewards App is activated by or on behalf of HTM. You must notify HTM of any change of name, physical or email address or other details as soon as possible after the change by calling HTM on telephone no 07 3107 7422 or emailing digitalmarketing@liquorlegends.com.au You will also have the option to update your details online via your account. You must provide your membership number and any requested security information when you make these changes. HTM does not accept any responsibility for any failure by a member to notify it correctly of any such changes. You must also notify HTM immediately if you lose your membership card or if it is stolen. HTM is not liable for any delay in replacing, or for any unauthorised use of, a membership card. Membership of the Rewards Program applies only to the store or outlet at which your application for membership is made.  
  
• 19.2 Use of Membership Card or Rewards App  
  You agree to be bound by the Terms and Conditions and you give the consents set out in clause 22 when you apply for membership, when you use your card, the website or the Rewards App or your membership number or when you earn or redeem any Rewards Points. Rewards Points will be credited only to you and may only be redeemed in accordance with these Terms and Conditions. Your membership card remains the property of HTM and must be returned on demand. It is not a credit or charge card, and it is not transferrable. If your card is lost or stolen or if your card or membership number is used without your authority, it is your responsibility to advise HTM as soon as possible, as you are liable for all use of your card or membership number until you notify HTM of the loss, theft or unauthorised use. 
  
• 19.3 Rewards Points 
  Rewards Points may be earned only at the stores or outlets listed on the reverse of your membership card or location selected on the Rewards App or website. Rewards Points will be credited to your account when you purchase certain goods identified by us from time to time (“Qualifying Goods”) from HTM Banner outlets (“Eligible Transaction”). Rewards Points may also be credited by HTM to your membership account for promotional and incentive programs offered from time to time by HTM. In order to earn Rewards Points, you must quote your name and membership number (and if requested, produce your membership card, number or Rewards App) at the point of sale before the conclusion of the Eligible Transaction. Each Eligible Transaction will earn one (1) point for every dollar ($) you spend on that transaction (“Rewards Point”). Rewards Points and the rights they confer cannot be sold, transferred, converted to cash, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Rewards Points may not be redeemed after the expiry of a period of two (2) years from the date on which they were earned. 
  
• 19.4 Redeeming Points  
  Points may be redeemed only at the store or online with the selected store at which you applied for membership of the Rewards Program, unless otherwise determined by HTM in its discretion. In order to redeem Rewards Points, you must notify the store or outlet before the conclusion of the Eligible transaction that you wish to redeem your Rewards Points and apply them in payment or part payment of the Eligible Transaction, and you must, if requested, present your valid membership card at that time. 

20. GENERAL 

HTM reserves the right at any time and in its absolute discretion to make changes to, including commencing, suspending or terminating:-

• 20.1 The Rewards Program; 
• 20.2 The Terms and Conditions; 
• 20.3 Goods which are Qualifying Goods;
• 20.4 The basis on which Rewards Points are earned;
• 20.5 Any other offer, promotion or program.  

HTM will use its best endeavours to give you reasonable notice of these changes by such means as HTM considers to be appropriate, including by email to your email address as notified to HTM by you, or if no valid email address is held by HTM, by posting details of the changes on the www.liquorlegends.com.au website, but will not be liable in any way to you if you do not receive such notice. Without limiting the generality of the forgoing HTM reserves the right to vary, suspend or terminate the Program at any time without notice and will not be liable to you in any way for doing so. You acknowledge that you may be asked to provide identification as proof of age at the time you enter into the Eligible Transaction. Your membership card or Rewards App does not constitute valid proof of age. 

21. ISSUES AND COMPLAINTS 

HTM online response time via Facebook & Instagram is Monday to Friday 9:00am-5:00pm usually within 1 hour. If no response has been made to the customer around a specific issue, the customer has the option to contact the Head Office via email (email address digitalmarketing@liquorlegends.com.au) or phone (07 3107 7422). HTM has the right to remove any comments displaying inappropriate behaviour/language, excessive drinking or complaints affecting Liquor Legends, other people or businesses. HTM reserves the right to privately message a customer via Facebook or Instagram if the complaint requires further explaining or key actionable items. 

22. PERSONAL INFORMATION 

By applying for membership and providing HTM with your email address and/or your mobile telephone number, you:- 

• 22.1 consent to HTM sending you commercial electronic messages as defined in laws in force from time to time relating to the transmission of commercial messages by any electronic means; 
• 22.2 consent and authorise HTM to obtain, use, disclose and retain the information on your application form and other information HTM obtains from time to time in relation to you or your membership and to disclose such information to third parties for the purposes of:- 
  • 22.2.1 HTM or such third parties providing products or services, including the awarding of Rewards Points to you; 
  • 22.2.2 Research, marketing, product development, promotional activities and strategic planning by HTM or third parties; 
  • 22.2.3 HTM’s providing of services to its member or associates stores and outlets or to any third party. 

For the purposes of improving products and services available to you from stores and outlets operating under HTM banners and to provide you with information about those products and services, you agree that HTM may collect and combine personal information about you from all available sources, and disclose to, and share that information with, third parties. 

24. TOBACCO SPECIFIC CONDITIONS

To the extent that the context permits, all of the terms and conditions set out herein that relate to the sale and supply of liquor apply equally to the sale and supply of tobacco products, including as if a reference to a liquor product was a reference to a tobacco product.  

For the avoidance of doubt, we are not offering tobacco products for sale, but merely providing a facilitating platform as an intermediary.  To the extent that any content on our site can be characterised as an offer to sell it is made as agent for the participating member.  The placing of any order using the platform is undertaken on instruction by the potential customer, and as the potential customer’s agent. 

The information contained in this website is intended for use by persons resident in Australia and is governed by the laws of the State of Queensland and the Commonwealth of Australia. It is acknowledged that this site may be accessed throughout Australia and overseas. We make no representations or warranties that the content of the site complies with the laws in all jurisdictions.  When accessing this web site, you are responsible for ensuring compliance with all laws in the place where you are located. 

By using the site you acknowledge that from time to time legislation in a jurisdiction (in this clause referred to as “the Regulating Jurisdiction”) may regulate or prohibit the sale of a tobacco product if aspects of the business process include the use of the Internet.  In this event, any orders that are placed using the site by customers in the Regulated Jurisdiction will be directed to another jurisdiction where the business process is not affected.  If goods supplied in response to such an order are dispatched from a place within Regulated Jurisdiction, it is acknowledged and agreed by the parties to the relevant contract of sale that: 

property and title in the goods is not held by a participating member located within the Regulated Jurisdiction; 

the sale occurs at the place where the order for the products is taken or received by the participating member in the other jurisdiction (in this clause “the Supplier”); 

title to the products passes to the purchaser when payment for the products is received by the Supplier; 

any person in possession of the products after title has passed holds those products as bailee for the purchaser, and any dealings with or handling of the products, such as their storage and delivery by that person is undertaken on behalf of and as agent for the purchaser. 

For the avoidance of doubt, it is agreed that the sale of tobacco products facilitated by the site will never take place within a Regulated Jurisdiction. 

Electronic Transactions Acts 

For the purpose of the Electronic Transactions (Queensland) Act 2001, and any equivalent statute in other Australian jurisdictions (collectively "the Electronic Transactions Acts"), our place of business is in Brisbane, Queensland.  In accordance with the Electronic Transactions Acts, it is agreed that any communications made using the site are deemed to have been dispatched from or received at, as the case may be, our place of business.