Terms & Conditions

Online Store Terms and Conditions

Welcome to BIG MUSTER DISTILLING COMPANY Online Store. The websites http://www.bigmusterdistillingco.com.au (inclusive of subdomains) and their associated features and mobile applications (“Site") are owned and operated by The Hub Dinner Plain Pty Ltd T/As Big Muster Distilling Company (ABN 18 644 790 670) (“BIG MUSTER DISTILLING COMPANY”, "we", "our", "us").

These BIG MUSTER DISTILLING COMPANY Terms & Conditions (“General Terms”), which incorporate our Privacy Policy, BIG MUSTER DISTILLING COMPANY Front Row Terms & Conditions and other documents referred to within these General Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (“Order”), you agree to be legally bound by these General Terms. We may change these General Terms at any time, and such changes will be effective as soon as they are made available on our Site. By continuing to use the Site you agree to be bound by such revised General Terms. We recommend that you read these General Terms carefully each time you agree to them when you place an Order. We will endeavour to give you reasonable notice of updates to our General Terms where such changes (in our reasonable opinion) may have a material detrimental impact to you.

CONTENTS

ACCESS AND USE OF THE SITE
INFORMATION ON THE SITE
ORDER AND FORMATION OF CONTRACT
DELIVERY
CANCELLATION
FAULTY PRODUCT RETURNS
FAIR USE
VOUCHER CODES AND PROMOTIONAL CODES
STORE CREDIT
GIFT CARDS
SPECIFIC PROMOTIONS
USER-GENERATED CONTENT
LINKS ON THE SITE
DISCLAIMER AND LIABILITY
INDEMNITY
PRIVACY POLICY AND MARKETING MESSAGES
DISPUTE RESOLUTION
GENERAL
DEFINITIONS AND INTERPRETATION

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these General Terms and any applicable laws.

1.2 You must not (and must not attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

1.4 To place any Orders using an Account or express checkout you must be at least 18 years old, and have the capacity to enter into a legally binding agreement. You must also provide us with a shipping address. Random checks maybe performed before any order is dispatched. We reserve the right to cancel and refund in full.

1.5 To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information and password secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.6 You must not use another person’s Account. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact our Customer Service team and take immediate steps to re-secure your Account (including by changing your password).

1.7 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.8 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair.

1.9 If you are a blogger, or influencer we kindly ask that you utilise our services via our exclusive PR forum. Please use the form on the site to contact us for collaboration opportunities.

2. INFORMATION ON THE SITE

2.1 The Site and the content on the Site are subject to copyright, trade marks and other intellectual property rights. These rights are owned by or licensed to BIG MUSTER DISTILLING COMPANY.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Information about certain products on the Site is based on material provided by third party merchants, sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some product images may be generated or manipulated using artificial intelligence technology, or may be otherwise created, manipulated, augmented or chosen for promotional purposes, and may not be an exact representation of the product you receive, particularly in terms of color of our liquor products. As they are small batch and natural, some settlement will be present.

3. ORDER AND FORMATION OF CONTRACT

3.1 When placing an Order, you must follow the instructions on the Site as to how to place your Order and for making changes to your Order before you submit it.

3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any fees or charges you are liable for in order to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated, all fees and charges are in Australian dollars. We do not accept orders from outside Australia at this time

3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service and we do not provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.

3.4 By making an Order, you expressly authorise us, before your Order is accepted, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

3.5 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our Customer Service team immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.6 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that your Order has been received and will not constitute acceptance of your Order. A contract for the purchase of the product (“Contract”) will not be formed until you receive a shipment confirmation email from us. BIG MUSTER DISTILLING COMPANY is not obliged to supply the product to you until your Order for that product has been accepted and a Contract formed. Your Order (or part of an Order) may be cancelled or not accepted for any reason, including but not limited to:

(a) unavailability of stock (in which case we may ask you to re-submit your Order or you may be offered an alternative product);

(b) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;

(d) if there has been an error by way of the wrongful inclusion of a product in a particular sale or promotion.

3.7 Until the time when your Order has been accepted and a Contract formed, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If your Order has been cancelled (including any cancellation by you) before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any General Terms applying to an existing Order that has already been accepted and a Contract formed; the General Terms that will apply to any such Order are the General Terms that applied at the time you placed the Order.

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the estimated timeframe indicated by us when you place your Order, but we cannot absolutely guarantee firm Delivery dates or times. Delivery options are set out here although such information is indicative only. Gift cards will be delivered digitally.

4.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.

4.3 We will aim to leave the product(s) at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product(s) without undue delay and at any time reasonably specified by us. Our delivery providers may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the product(s) at the address, or have delivery re-routed to a collection point. Alternatively, the courier/Australia Post may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

4.4 By default, at the time of placing your Order you provide authority to leave products at the address specified in your Order. If the delivery provider deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to BIG MUSTER DISTILLING COMPANY Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the product available for Delivery or collection and notify you that the applicable Contract is cancelled, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.5 It might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.6 Unless otherwise specified by you, all risk in the product(s) shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product(s).

4.7 You must take care when opening packaging so as not to damage the product(s), particularly when using any sharp instruments.

4.8 BIG MUSTER DISTILLING COMPANY actively seeks opportunities to consolidate packages for Orders. If: (a) you place multiple Orders within a certain period of time as determined by us; (b) the Orders are being shipped to the same delivery address; and (c) the Orders are being shipped by the same carrier (for example, all Orders are being shipped via standard post or all Orders are being shipped via express post), we may consolidate the Orders and ship your products to you in one package.

4.9 If you have paid Delivery Fees for one or more Orders that have been consolidated by us under clause 4.8, we will refund the Delivery Fees paid by you to your original payment method in the following scenarios:

(a) If the total value of your consolidated Orders is above the minimum value to be eligible for free standard shipping, we will refund you for any Delivery Fees that you have paid.

Note: The total value of your consolidated Order does not include the purchase of gift cards.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and refund any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

5.2 If you wish to cancel your Order before it has been accepted and a Contract formed, please contact our Customer Service team. Once an Order has been processed, it cannot be cancelled and the product(s) must instead be returned to us in accordance with our returns policy.

6. FAULTY PRODUCT RETURNS

6.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a fault or defect, please contact our Customer Service team as soon as possible so we can guide you through the remedy process and help resolve the problem as swiftly as possible. In order to assist with this process, you may be required to send us images of the defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the product.

6.2 If the product is confirmed to have a defect or fault, then depending on the nature of the defect or fault, we will replace (if a replacement product is in stock and available) or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect or fault, you are entitled to elect whether you want us to replace (provided that a replacement product is in stock and available) or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method. If the product is found not to have a defect or fault, deemed out of warranty, or you do not otherwise have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to responsibly dispose of the product or return the product to you at your expense.

6.3 It does not constitute a defect or fault if, in our reasonable opinion, a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

7. FAIR USE

7.1 We monitor return rates and the frequency of customer claims of lost, missing or damaged products for fraud, abuse and general security purposes. In the event of elevated or excessive volumes of returns or customer claims of lost, missing or damaged products, we reserve the right to withhold issuing a refund, investigate, set return frequency limits and restrict or deactivate your Account and any associated Accounts if we suspect fraudulent, unusual or suspicious activity with your Account.

7.2 Such fraudulent, unusual, excessive returns or suspicious activity in clause 7.1 includes but is not limited to:

(a) frequent and substantial amounts of return activity, unusual patterns of returns activity, multiple claims relating to Orders not being received or multiple claims relating to missing products;

(b) recurring non-compliance with our returns/refund policy; or

7.3 If your Account has been limited, restricted or deactivated and you wish to make a valid return, please refer to the email sent to you or reach out to our Customer Service team via our Contact page. You will be responsible for the cost of returning the products. Upon receiving your return, we will conduct the usual inspection and quality checks to process your return.

7.4 Nothing in this clause is intended to exclude any of your rights in clause 7 with regards to faulty product returns or any of your statutory rights as a consumer under the Australian Consumer Law.

7.5 If for any reason your account has been restricted or deactivated incorrectly, please reach out to our Customer Service team via our Contact page.

8. VOUCHER CODES AND PROMOTIONAL CODES

8.1 Discount voucher codes and promotional codes are available on the Site or through other marketing providers. Only one voucher code or promotional code can be used or redeemed per Order. We may email voucher/promo codes to you. We accept no liability for errors in the email address provided to us. You are responsible for the use and safety of your voucher/promo codes. We assume no Liability for the loss, theft or, to the extent permitted by law, illegibility of voucher/promo codes including if your email is hacked or subject to unauthorised use. We monitor the issuance and redemption of voucher/promo codes. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of voucher/promo codes, we may close or block access to your Account and/or require a different means of payment.

8.2 Conditions for the redemption of voucher codes and promotional codes include:

(a) From time to time we may release voucher codes and promotional codes that may be used on the Site. Voucher codes and promotional codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one voucher code or promotional code can be used per Order, and some voucher/promo codes may only be used once per voucher/promo code. Voucher/promo codes cannot be used in addition to another voucher/promo code. Voucher codes and promotional codes are discounts provided by BIG MUSTER DISTILLING COMPANY which are distinct promotional strategies that are offered independently without specific regard to your Order and are not intended to represent payment for products by BIG MUSTER DISTILLING COMPANY on your behalf.

(b) Certain products, may be excluded from voucher/promo code discounts, and unless specifically stated otherwise, voucher/promos cannot be redeemed for Delivery Fees.

(c) Voucher/promo codes cannot be redeemed for cash or to buy gift cards. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you. If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher/promo code or attempting to rely on any other offer).

(d) We will apply voucher/promo codes on a pro-rata basis to voucher-eligible products in order to determine the final price you pay for those products. Where you return a product purchased with a voucher/promo code, we will only refund the final price you paid for that product in accordance with clause 8.4. Any voucher/promo code used in an Order that has been returned will not be reissued and will be forfeited.

(e) We actively monitor misuse of voucher/promo codes and reserve the right to deactivate voucher/promo codes or block any person that is not using a voucher/promo code in accordance with its terms.

9. STORE CREDIT

9.1 Conditions for using store credit include:

(a) Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other Accounts.

(b) We will apply store credit on a pro-rata basis across all products in an Order.

(d) Store credit is valid for 12 months (1 year). Any balance that remains after the 12 months will be voided and will not be available for use.

(e) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further products with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those products - you will not be able to refund or return those further products for cash.

9.2 If you cancel or return products purchased using store credit:

(a) the refund value of a product is the final price you paid for that product; and

(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using store credits (on a per product basis). For example, where the total Order price is paid:

(i) entirely by store credits - refunds are offered as store credit only;

(ii) entirely by ‘cash’ - refunds offered as 100% store credit or ‘cash’ (at your election); or

(iii) 20% store credits and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value (on a per product basis), with the remaining 80% of the refund value offered as 100% store credit or ‘cash’ (at your election).

9.3 If you cancel or return only certain products purchased in bundle deals or multi-buy promotions, any products you do not return will be charged at full price, and the refund amount will be reduced accordingly.

10. GIFT CARDS

10.1 Gift cards are available for purchase on the Site in accordance with these General Terms. You may use the gift card to purchase certain products from the Site.

10.2 Conditions for the purchase and redemption of gift cards include:

(a) You may purchase gift cards for use on the Site by you or other customers. Voucher codes, promotional codes and BIG MUSTER DISTILLING COMPANY Front Row Rewards cannot be used to purchase gift cards. Store credit cannot be used for the purchase of gift cards. Gift cards cannot be used to purchase further gift cards. The purchase of gift cards will not contribute to an Order’s value (consolidated or otherwise) for the purpose of receiving free or discounted shipping. Recipient must be 18 years or over to redeem.

(b) Gift cards can be redeemed at the checkout or added as store credit to your Account. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them. Please follow the gift card instructions for use.

(c) Gift cards are valid for 36 months (3 years) from the date of issuance. Any unredeemed balance that remains on a gift card or on your Account as store credit (where the gift card was added as store credit to your Account) after this 36 month period will be voided and will not be available for use.

(d) The credit on a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time.

(e) If you place an Order less than the value of the gift card, the residual credit will be added to your store credit and can be used for future purchases. The residual credit will remain redeemable for 36 months from the date on which the gift card was issued. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order.

(f) Gift cards are excluded from change of mind returns. If you have questions or if you wish to make a complaint about the gift card you have purchased, please contact our Customer Service team.

10.3 We will email gift cards to you or your selected recipient. We accept no liability for errors in the email address provided to us. You are responsible for the use and safety of your gift cards. We assume no Liability for the loss, theft or, to the extent permitted by law, illegibility of gift cards, including if gift cards are used without your permission, if your email or the recipient’s email is hacked or subject to unauthorised use.

10.4 By purchasing a gift card from BIG MUSTER DISTILLING COMPANY, you represent and warrant that:

(a) you have obtained consent from the nominated recipient of the gift card to share their email address and any other contact details for the purpose of delivery of the gift card;

(b) all of the information you provide to us is accurate and complete; and

10.5 Gift card purchases and redemptions may be subject to security checks from time to time, resulting in longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our gift card program. We reserve the right to cancel an Order for a gift card, or place a stop on the gift card delivery if:

(a) your order is not accepted at the nominated email address;

(b) we believe or reasonably suspect that your order is fraudulent or you have otherwise breached these General Terms;

(d) we believe or reasonably suspect that the gift card will be used in breach of these General Terms;

(e) you report that the gift card has not been delivered, has been stolen or deleted; or

(f) there is an error with your Order.

If we cancel an Order for a gift card or place a stop on any gift card, we will notify you as soon as possible and at our absolute discretion, may refund amounts paid by you in respect of that gift card.

10.6 In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of gift cards, we may also close or block access to your Account and/or require a different means of payment.

10.7 If you cancel or return products purchased using a gift card:

(a) the refund value of a product is the final price you paid for that product; and

(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards (on a per product basis). For example, where the total Order price is paid:

(i) entirely by gift cards - refunds are offered as store credit only; or

(ii) 20% gift cards and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value (on a per product basis), with the remaining 80% of the refund value offered as 100% store credit or ‘cash’ (at your election).

11. SPECIFIC PROMOTIONS

11.1 From time to time we may run promotions on our Site which are subject to both these General Terms and any additional promotion-specific terms which are incorporated into these General Terms by reference. Promotion-specific terms may include conditions in respect of selected products, purchase periods, purchase methods, minimum spend requirements, bundle discounts, promotions run by other parties, games of chance or games of skill. These promotion-specific terms will be presented here.

11.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

11.3 We also undertake joint promotions with third parties from time to time. You should consult the terms of those promotions for full details of such specific joint promotions.

12. USER-GENERATED CONTENT

12.1 From time to time we may reach out to our customers via social media to encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time.

12.2 By responding to our post and using the required hashtag, you acknowledge and agree that:

(a) You comply with the terms and conditions of the platform you are using to create that Content;

(b) You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;

(d) BIG MUSTER DISTILLING COMPANY may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and

(e) You are solely responsible for your Content and will not seek to hold BIG MUSTER DISTILLING COMPANY liable for any demands by a third party related to our use of your Content.

12.3 You may revoke your permission for us to use your Content at any time by sending a request via our form on the website. Upon receiving such a request, we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.

13. LINKS ON THE SITE

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

(a) we make no representations or warranties, or have any responsibility or liability for those websites; and

(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

14. DISCLAIMER AND LIABILITY

14.1 This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

(a) the performance, non-performance, purported performance or delay in performance of these General Terms or a Contract or the Site (or any part of it or them); or

(b) otherwise in relation to these General Terms or the entering into or performance of these General Terms.

14.2 Nothing in these General Terms excludes or limits your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) death or personal injury caused by our Breach of Duty;

(c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or

(d) any other Liability which cannot be excluded or limited by applicable law.

14.3 In performing any obligation under these General Terms, our only duty is to exercise reasonable care and skill.

14.4 Subject to clause 14.3:

(a) To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.

(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

(e) All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.

(f) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these General Terms.

(g) Despite any other provision of these General Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these General Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

15. INDEMNITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these General Terms or your breach of any law or the rights of a third party.

16. PRIVACY POLICY AND MARKETING MESSAGES

You acknowledge that you have read our Privacy Policy and understand that it governs your use of the Site and the Site’s related services, including purchasing goods and services from us using the Site. We may also send you messages and communicate with you electronically as set out in the Privacy Policy.

When you provide us with your email address or mobile phone number, you agree that we may send you electronic marketing messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, WhatsApp and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by us via those channels or media. Your agreement to receive electronic marketing messages will be effective until you opt out or unsubscribe.

You may opt out of receiving electronic marketing messages sent by us by: (i) using the unsubscribe facility in any electronic marketing message; (ii) via your Account settings; (iii) contacting us directly; or (iv) as otherwise set out in our Privacy Policy. If you opt out of receiving electronic marketing messages, you will still receive information we are required by law to provide to you, or factual information directly about your Account, Order confirmations, Account transactions or other information relating to products you have purchased or services you have used.

Your consent to receipt of certain communications may also be implied from the use of certain functional aspects of our service.

17. DISPUTE RESOLUTION

In the event of any dispute under these General Terms, the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.

18. GENERAL

18.1 Entire agreement: These General Terms (incorporating the Privacy Policy and BIG MUSTER DISTILLING COMPANY) contain all the terms agreed between you and us and supersedes and excludes any prior General Terms published on the Site.

18.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these General Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these General Terms to any person.

18.3 Force majeure: We shall not be liable for any breach of our obligations under these General Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

18.4 No waiver: No waiver by us of any default of yours under these General Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these General Terms.

18.5 Notices: Unless otherwise stated within these General Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

18.6 Third party rights: All provisions of these General Terms apply equally to and are for the benefit of BIG MUSTER DISTILLING COMPANY, its subsidiaries, any holding companies of BIG MUSTER DISTILLING COMPANY, its (or their) related bodies corporate and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these General Terms may be varied or rescinded without the consent of those parties).

18.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

18.8 Severability: If any provision of these General Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these General Terms shall not be affected.

18.9 Governing law: These General Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Victoria, Australia and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.

19. DEFINITIONS AND INTERPRETATION

19.1 Definitions
In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;

Breach of Duty means the breach of any:

(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or

(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Liability means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these General Terms, including, without limitation, liability expressly provided for under these General Terms or arising by reason of the invalidity or unenforceability of any term of these General Terms (and for the purposes of this definition, all references to these General Terms shall be deemed to include any collateral contract); and

BIG MUSTER DISTILLING COMPANY, we, our, us means The Hub Dinner Plain Pty Ltd T/As Big Muster Distilling Company (ABN 18644 790 670 ) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

20.2 Interpretation

(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these General Terms.

(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

(d) References to “includes” or “including” or like words or expressions shall mean without limitation.

Booking a space in the Distillery Restaurant

1. Introduction
These terms and conditions govern the online booking process for Big Muster Distilling Co. By making a reservation through our website, in person or via Nowbookit, you agree to these terms.

2. Booking Process
Availability - Reservations can be made online, or in person subject to availability. Please note, in busy times, a deposit maybe required to secure the booking.

3. Confirmation - After submitting your booking, you will receive a confirmation email with your reservation details. If making in person it will be confirmed with you on the spot.
Time Limits - Please arrive on time. If you are more than 20 minutes late, we may need to release your table.

4. Cancellation Policy
Cancellations - must be made at least 12 hours in advance to avoid loss of deposit (where charged). If a rebooking is made no loss of deposit will occur.

5. No-Show Policy - If you do not show up for your reservation without prior cancellation your deposit (if any) will be forfeited.

6. Changes to Reservations
- Any changes to your reservation (date, time, or number of guests) should be communicated via [email] at least 24 hours prior to your booking. In the event of advise in under 24 hours, it will be best effort to accomodate.

7. Payment Information
- Certain bookings may require a deposit, which will be deducted from your final bill.
-Payment Methods - Online, Visa, Mcard, Amex. In person - Visa, Mcard, Amex, Cash.

8. Special Requests
- If you have any dietary restrictions or special requests, please inform us at the time of booking. We will do our best to accommodate your needs.

9. Liability
- Big Muster Distilling Co, is not liable for any injuries, damages, or losses incurred while on the premises.

10. Privacy - Your personal information will not be shared with any third parties without your consent.

11. Amendments to Terms
- Big Muster Distilling Co reserves the right to amend these terms and conditions at any time. Any changes will be communicated through our website.

12. Governing Law
- These terms and conditions are governed by the laws of Victoria, Australia. Any disputes shall be resolved in accordance with these laws.