Masterclasses and Gift Vouchers
By booking a Masterclass you agree to abide by all of the following terms and conditions. You agree to these terms and conditions when you book a Masterclass. These terms and conditions apply to the relevant Booking Ticket and/or Gift Voucher in relation to your Masterclass.
Bass and Flinders Distillery Pty Ltd (ACN 147 336 570) of 40 Collins Road, Dromana, Victoria 3936 (“Company”).
the Customer as set out in the Customer form (“Customer”).
- The Company agrees to sell and the Customer agrees to buy the Goods and Services on the terms and conditions set out in this Agreement.
- Definitions and Interpretations
In this Agreement the following definitions apply:
“Booking Ticket” means the booking ticket provided by the Company to the Customer, which confirms that the Customer may participate in a Masterclass on a set time, day, date and place.
“Business Day” means any day except:
- a Saturday or Sunday; or
- any other day, the whole or any part of which is observed as a public holiday throughout Victoria.
“Company” means the company set out in the Schedule and includes the company’s agents and permitted assigns.
“Customer” means the customer and the customer’s agents and permitted assigns are the persons whose credit card details are completed in the credit card detail form.
“Gift Voucher” means a gift voucher to participate in a Masterclass provided by the Company.
“Goods and Services” means the Gin Masterclasses and Gift Vouchers supplied by the Company.
“Intellectual Property Rights” means all proprietary and other rights in and to:
(a) trademarks, logos, service marks, brand names, certification marks, assumed names, trade names and other indications of origin;
(b) trade secrets and other confidential or non-public business information including ideas, formulae, compositions, inventions, discoveries, improvements, know-how, processes and techniques, research and development information (whether patentable or not);
(c) drawings, specifications, designs, plans, proposals and technical data;
(d) financial, marketing and business data, pricing and cost information, business and marketing plans and customer and supplier lists and information;
(e) patents, inventors’ certificates and invention disclosures;
(f) writings and other works of authorship, whether copyrightable or not, including computer programs, data bases and documentation therefor, and all copyrights to any of the foregoing;
(g) rights, title and interest in know-how, technical information, processes, practices and systems, whether or not protectable by patent, copyright or trade secret law;
(h) moral rights;
(i) rights to limit the use or disclosure of confidential information by any person;
(j) any similar tangible or intangible intellectual property or proprietary rights, information and technology;
(k) registrations of, and applications to register, any of the foregoing with any governmental agency or authority and any renewals or extensions thereof;
(l) the goodwill associated with each of the foregoing;
(m) any claims or causes of action arising out of or related to any infringement or misappropriation of any of the foregoing.
“Masterclass” means the Masterclass provided by the Company, as described on the Company’s website from time to time.
In this agreement, headings and boldings are only for convenience and do not affect interpretation and, unless the context requires otherwise –
- words in the singular include the plural and the other way around;
- words of one gender include any gender;
- a reference to writing includes email and other communication established through the Company’s website (if any);
- a reference to a person includes an individual, a company, partnership, joint venture, association, corporation or other body corporate and a Governmental Agency;
- a reference to a party to this agreement includes that party's executors, administrators, successors and permitted assigns;
- a reference to a clause or party is a reference to a clause of, and a party to, this agreement;
- a reference to a thing (including, but not limited to, a right) includes any part of that thing but nothing in this clause 2.7 implies that performance of part of an obligation constitutes performance of the obligation;
- a reference to a right includes a remedy, power, authority, discretion or benefit;
- a reference to legislation includes any amendment to that legislation, any consolidation or replacement of it, and any subordinate legislation made under it and any rules, regulations and guidelines issued under that legislation or subsidiary legislation;
- a reference to a document, including this agreement, includes any amendment or supplement to, or replacement or novation of, that document or this agreement, as the case may be;
- if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning;
- examples are descriptive only and not exhaustive;
- a provision must not be construed against a party merely because that party was responsible for preparing this agreement or that provision; and
a reference to a body, other than a party to this agreement (including an association, authority, corporation, body corporate or institution), whether statutory or not –
- which ceases to exist;
- which is reconstituted, renamed or replaced; or
- whose powers or functions are transferred to another body,
- is a reference to the body which replaces it or which serves substantially the same purposes or has the same powers or functions.
1.3 If the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
- 3.1 If it involves a payment other than a payment which is due on demand must be done on or by the preceding Business Day; and
- 3.2 In all other cases, must be done on or by the next Business Day.
2.1 Whole Agreement
2.1.1 These terms of trade apply to all transactions between the Company and the Customer relating to the provision of the Goods and Services.
3.0 Purchasing a booking for a Masterclass
3.1.1 The Company shall provide the Customer with a Booking Ticket confirming the Customer may participate in a Masterclass, by sending the said Booking Ticket to the email address that is nominated by the Customer.
3.1.2 The Booking Ticket is valid for one Masterclass only as noted on the details of the Booking Ticket.
3.1.3 The Customer must be an adult aged 18 years and older to purchase a Booking Ticket. The Company reserves its right to request the Customer to provide proof of age documents at any time, for the purpose of confirming the Customer’s compliance with this requirement.
3.1.4 The Company reserves the right to amend the date, time, day and place of the Masterclass at any time. The Company will notify the Customer of any changes to the Masterclass as soon as practicable, at which point an amended Booking Ticket will be sent by electronic mail to the Customer.
3.2 Purchasing a Gift Voucher
3.2.1 The Company shall provide the Customer with a Gift Voucher, by sending the said Gift Voucher to the email address that is nominated by the Customer.
3.2.2 The Customer must be an adult aged 18 years and older to purchase a Gift Voucher. The Company reserves its right to request the Customer to provide proof of age documents at any time, for the purpose of confirming the Customer’s compliance with this requirement.
3.2.3 A Gift Voucher is valid for three years from the date of purchase.
4.0 Cancellations and transfers
4.1.1 The Customer agrees that the purchase of a Masterclass Booking Ticket is a non-refundable transaction between the Company and the Customer.
4.1.2 Masterclass Booking Tickets are Booking Tickets for Masterclasses at the Company only. The Booking Ticket will not be exchanged for the Company’s products.
4.1.3 Subject to the discretion of the Company and provided the Customer gives at least seven days notice to the Company, the Customer may reschedule their Masterclass to a different time, day, date and place at all times subject to availability of Masterclasses’ vacant places.
For the avoidance of doubt, the Company is not required to reschedule a Masterclass if the Customer gives the Company notice that they are unable to attend less than seven days before the scheduled date.
4.1.4 The Company consents to Booking Tickets being transferred to an adult aged 18 years or older subject to the Customer notifying the Company in writing prior to the commencement of the Masterclass of the transfer of the Booking Ticket. To transfer the Booking Ticket, the Customer must provide the Company with the full name, mobile phone number, email address and date of birth of the transferee. The Company reserves its right to request that proof of age documents be provided at any time, for the purpose of confirming that the transferee is 18 years or older.
4.1.5 The Company reserves its right to cancel Masterclasses at any time and the Customer is not entitled to any compensation, expenses or claims for losses. In the event that the Company cancels a Masterclass, the Customer may elect to either have all money they have paid to the Company refunded or to have the Masterclass rescheduled at another time that is suitable to the Company.
4.1.6 The Customer acknowledges that if they fail to attend a Masterclass in accordance with the Booking Ticket, their booking is lost and the Customer is not entitled to change their booking after the event.
4.2 Gift Vouchers
4.2.1 The Customer agrees that the purchase of a Gift Voucher is a non-refundable transaction between the Company and the Customer.
4.2.2 Gift Vouchers may only be redeemed for the Company’s Masterclasses and not for the Company’s products.
(a) The Customer may transfer a Gift Voucher to another adult aged 18 years and over at any time provided the Customer notifies the Company in writing prior to the booking of a Masterclass. The Customer must provide the following details of the transferee: full name, mobile phone number, email address and date of birth. The Company reserves its right to request that proof of age documents be provided at any time, for the purpose of confirming that the transferee is 18 years or older.
(b) The Customer acknowledges that he/she is aware and accepts the three year expiry period commences from the date of purchase not the date of the transfer of the Gift Voucher.
5.1.1 The Customer must be an adult aged 18 years and older to participate in a Masterclass. The Company:
(a) reserves its right to request the Customer to provide proof of age documents at any time, for the purpose of confirming the Customer’s compliance with this requirement.
(b) will exclude any person who is not 18 years or older from participating in a Masterclass.
5.1.2 The Customer agrees with the Company to engage in the responsible consumption of alcohol at the Masterclass. The Company reserves its right to exclude from Masterclasses any Customer who does not comply with this requirement.
5.1.3 The Customer acknowledges, agrees and is aware that:
(a) alcohol is served at the Masterclasses.
(b) it is not appropriate for Customers who are alcoholics, allergic to liquor, unable to consume liquor for medical reasons and/or are unable to control their consumption of liquor to attend Masterclasses.
(c) The Company is not required to make any enquiries of any nature to ascertain whether any Customer is an alcoholic, allergic to liquor, unable to consume liquor for medical reasons and/or is unable to control their consumption of liquor.
5.1.4 The Company reserves its right to exclude from Masterclasses any Customer who it believes is an alcoholic, allergic to liquor, unable to consume liquor for medical reasons and/or is unable to control their consumption of liquor at its absolute discretion.
5.1.5 The Company will provide drinking water at all times and Customers are encouraged to consume the drinking water provided during the Masterclass.
5.1.6 The Company reserves its right to change these terms and conditions (other than clauses 3.2.3 and 4.2.3(b)) at its absolute discretion and at any time without notification to the Customer.
5.1.7 The Company reserves its right to change the pricing of Masterclasses at its absolute discretion and at any time without notification to the Customer.
5.1.8 In the event that the Company changes the pricing of Masterclasses:
(a) this will not affect the validity of any Gift Voucher that has been issued prior to the price change.
(b) no post-supply fees (within the meaning of the Australian Consumer Law) will apply to any Gift Voucher that has been issued prior to the price change.
6.0 Customer’s disclaimer
6.1.1 To the extent permitted by law, the Customer agrees to disclaim any right to rescind or cancel these terms and conditions or to claim for damages or restitution arising out of any alleged misrepresentation by any employee, agent or representative of the Company.
6.1.2 The Customer agrees and acknowledges that the Customer purchased the Goods and Services relying solely on the Customer’s own skill, judgement and evaluation of the Goods and Services.
7.0 Limitation of liability
7.1.1 Customers attend Masterclasses at their own risk.
7.1.2 The Company is not responsible for the Customer’s consumption of liquor and/or food at any Masterclass, and the Customer at all times remains responsible for their own personal consumption of liquor and food at Masterclasses.
7.1.3 Without limitation, the Company is not responsible for ensuring the Customer complies with the applicable drink driving laws. This is at all times solely the responsibility of the Customer.
7.1.4 To the fullest extent permitted by law, the Company shall not be liable to the Customer for:
(a) any loss and/or damage of any nature; and/or
(b) any damages (including, but not limited to, any special, consequential, incidental, exemplary, punitive and/or indirect damages);
arising from the Customer’s consumption of liquor and/or food at a Masterclass and/or arising out of these terms and conditions however caused, however liability is asserted (including, but not limited to, in tort (including but not limited to in negligence), in contract and/or under statute and/or general law) and irrespective of whether the Customer has been advised of, or otherwise might have anticipated the possibility of, any loss or damage.
(a) Except as provided in these terms and conditions, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods and Services for any purpose or otherwise are expressly excluded to the fullest extent permitted by the applicable law.
(b) All other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded to the fullest extent permitted by the applicable law, and no guarantee, other than that expressly herein contained and the statutory guarantees that cannot be excluded or limited under the applicable law, apply to the Goods and Services to which the guarantee relates, or any accessory or part thereof.
7.1.6 The Company’s liability for a breach of or failure to comply with a guarantee under Div I of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (“Australian Consumer Law”) (other than section 51, 52 or 53) for the supply of goods is expressly limited to:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods, if applicable;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired if applicable.
7.1.7 The Company’s liability for a breach of or failure to comply with a guarantee under the Australian Consumer Law for the supply of services is expressly limited to:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
8.0 Intellectual Property Rights.
8.1.1 The Company shall have and retain all ownership rights, title and interest to all Intellectual Property Rights that touch and concern all of its Masterclasses.
8.1.2 To the fullest extent permitted by law, the Company reserves in their entirety all rights and remedies in relation to all Intellectual Property Rights that touch and concern all of its Masterclasses.
8.1.3 The Customer acknowledges and agrees that:
(a) all Intellectual Property Rights which touch and concern all of the Masterclasses are the sole and exclusive property of, and belong to, the Company.
(b) the Company is and will forever remain the sole and rightful owner of all Intellectual Property Rights which touch and concern all of the Masterclasses.
(c) the Customer shall not be granted any ownership or other rights in or to any of the Intellectual Property Rights that touch or concern any of the Masterclasses.
8.1.4 For the avoidance of doubt, the rights and remedies granted to the Company under this clause are in addition to the rights and remedies available to it under the applicable law in relation to all Intellectual Property Rights which touch and concern all of the Masterclasses.