Welcome to On Tap Liquor Consulting (On Tap Liquor Pty Ltd), a professional liquor consultancy firm specialising in compliance, consulting and administrative services within the Victorian Liquor Industry. These Terms and Conditions of service (T&Cs) are intended to explain our obligations as a service provider and your obligations as a customer and govern the way in which we provide our services to you. Please read them carefully.

These Terms are binding on any use of the services provided by On Tap Liquor and apply to you from the time that we provide you with access to our services or website.

On Tap Liquor Consulting Services will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of our system or services. On Tap Liquor Pty Ltd reserves the right to change these Terms at any time, effective upon the posting of modified terms on our website and we will make every effort to communicate these changes to you via email or notification via the Website. It is likely the Terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent Terms available on the Website.

By registering to use any of the services offered by On Tap Liquor Pty Ltd you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the services. You are deemed to have agreed to these terms on behalf of any entity for whom you use the Service. These Terms were last updated on 10 February 2019.

Terms and Conditions of Service

On Tap Liquor Pty Ltd ACN 164 468 508, trading as On Tap Liquor Consulting, (On Tap Liquor Consulting)

Application

  • The following terms apply to all Scope of Works to you from On Tap Liquor Consulting (us, we, our). Each Scope of Works is a separate agreement between you and us.
Scope of Works & INFORMATION

  • You must provide complete and accurate information (including any special requirements) requested by us in the timeframes specified to enable us to provide the Services, and we do not take any responsibility for inaccurate or false information provided to us. You acknowledge that failure to do so may delay the Services or adversely impact any outcome.
  • Our Scope of Works are valid for 60 days from the date of issue and may be adjusted by us prior to you accepting a Scope of Works.
  • A quoted Price is exclusive of all Taxes unless otherwise specified and quoted times for delivery are an estimate only.
Cancellation

  • If you cancel a Scope of Works prior to completion, we will refund any Price paid, less:
    • any cancellation fees notified to you;
    • all costs incurred by us in relation to that Scope of Works; and
    • fees based on our usual hourly rates (plus GST) for any work completed up to the date of cancellation.
Price

  • Unless otherwise stated in writing, any estimates which we provide to you of our anticipated fees, disbursements and charges for the Services or government fees/charges indicated are only indicative of the amounts which are expected as part of the Services. The estimates provided are not binding on us.
  • All fees associated with the application process, including our Service fees, will be payable regardless of the outcome of the process. Work undertaken by us over and above the estimated works will be charged for as an addition to any estimates provided.
  • Additional work not estimated for may include, but is not limited to, production or drawing of site plans, provision of additional materials not ordinarily associated with a standard application process (additional submissions) or any other matter that may not ordinarily be associated with a standard process.
  • The terms of payment of each invoice is strictly 7 days.
  • Accounts overdue by 14 days or more may incur a $50 administration fee unless prior discussions have been held with us or a mutually acceptable payment arrangement has been agreed to.
  • Work on any file may cease if invoices remain unpaid. If you have engaged us on behalf of a company, you also agree to act as guarantor for all monies owing or found to be owing and indemnifies and keeps indemnified us against any liability, claim for damages and all costs provided they do not result from our negligent acts, our servants or agents.
  • Any reports or advice provided by us remain our property until full payment is received and may not be used in any way by you until full payment is received.
  • We may change any advertised price for Services at any time without notice. A Price will not change once a Scope of Works has been accepted by you.
Failure to Pay

  • In the unlikely event that you do not pay an invoice by the due date, your matter will be assessed depending on the situation and you will be contacted with a series of reminders until payment is received. If payment is still not received within a reasonable time-frame, legal action may be taken.
  • If we incur any costs of collection of any invoice issued, such as legal fees and collection agency fees, you agree to indemnify us for all such costs.
Travel Surcharge

  • A travel surcharge will be applied to any matter where travel is required. This surcharge is set at $1 per km plus our half an hour fee (plus GST) and will be billed for each site visit associated with a file.
  • Distance travelled will be ascertained via ‘google maps’ and will be calculated as the shortest route between our office and the subject site.
Online Sales

  • We operate the Site, which is provided for your personal use only via standard web and mobile internet browsers. Access to the Site may be suspended, restricted or terminated at any time.
  • You must not, and not allow others to use or permit anyone else to access the Site:
    • to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;
    • to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;
    • for any purpose that is unlawful or fraudulent, attempts to access unauthorised data or configurations or interferes with the functionality of the Site;
    • to send unsolicited mail messages,
    • with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Site; or
    • in breach of these terms.
  • We do not warrant that the Site will be available at all times or is free from viruses and where the Site contains links to third party sites, we assume no responsibility for the content of such third-party sites.
  • We grant you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to these Terms.
  • All IPR in the Site, materials, information and content on the Site, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code (including applets and scripts) is our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
Registration

  • You may create an account with our Site. We reserve the right to decline registration or to cancel an account at any time.
  • When you create an account, we will collect, store and disclose your information in accordance with our Privacy Policy, which is incorporated into these Terms.
  • You must keep any account password confidential and are entirely responsible if you do not maintain such confidentiality. You must immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses the Site.
  • You warrant that all information you provide in your account is accurate and up to date and you will promptly inform us of any changes.
  • We may without notice suspend or close your account if you (or someone accessing your account) is in breach of these Terms or we reasonably suspect such a breach has occurred or will occur.
Set-Off

  • If you owe money under one Scope of Works, we may set-off that money against any money that we owe to you under another Scope of Works.
Warranties

  • We will use reasonable care and skill in performing our obligations under these terms however do not guarantee any outcome or timelines.
  • To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these terms or any warranty document given at the time of supply.
Liabilities

  • We accept liability for:
    • death and personal injury caused by our negligence;
    • our fraud;
    • any implied contractual terms that cannot be excluded or limited under applicable law, including the ACL; and
    • any loss that is reasonably foreseeable from our material breach of these Terms, however unless required to do otherwise under the ACL and provided its fair and reasonable to do so we limit our liability to the replacement of the Services the provision of equivalent Services or the cost of providing those Services.
  • Other than as specifically accepted by us above, we are not liable for any other losses or damages you may suffer, including any:
    • loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss;
    • loss caused by event falling outside our reasonable control;
    • indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business), or losses you might suffer as a result of any harmful code or viruses or unauthorised access to information we hold.
Indemnity

  • You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your act or omission or breach of these terms.
Termination

  • If you commit an Act of Default which is not remedied within 5 days of us giving written notice to do so, we may terminate these terms or suspend supply until you remedy the Act of Default.
  • If we terminate these terms all amounts payable by you to us will immediately become due and payable notwithstanding that the due date has not yet arisen.
  • If we commit an Act of Default which is not remedied within 5 days of you giving written notice to do so, you may terminate these terms and obtain a refund of any
 

  • amount of the Price already paid for Services not delivered, less any other amounts due and payable to us.
Intellectual Property – Services

  • We retain ownership of all IPR owned or made available by us in the delivery of the Services that is in existence at the time of the Scope of Works and grant to you a non-exclusive, non-transferrable and non-sub-licensable licence to this IPR for the sole purpose of using the Services in the ordinary course of your business.
  • Unless otherwise agreed, we retain ownership of all IPR created as a result of delivering the Services and grant to you a non-exclusive, non-transferrable and non-sub-licensable licence to this IPR for the sole purpose of using the Services in the ordinary course of your business.
  • If you communicate with us, you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in Scope of Works to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Site and developing your ideas and suggestions for improved goods or services we provide.
Variations

  • We may amend these terms at any time by posting such amendments on the Site. In relation to a Scope of Works, you will be bound only to the version of the terms in force at the time of that Scope of Works.
Confidentiality

  • All information supplied by a party to the other party will be treated as confidential except to the extent that it becomes public knowledge (otherwise than through a breach of confidentiality), and must not be disclosed to a third party without the prior written consent of the party who originally supplied the information, or as required by law.
Privacy

  • Our commitment to privacy is set out in our Privacy Policy.
Force Majeure

  • Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.
Disputes

  • If a dispute arises under these terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.
  • If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
  • Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.
Assignment

  • Neither party may assign, novate or otherwise transfer any of its rights or obligations arising out of or under these terms to another person without the other party's prior written approval (which will not be unreasonably withheld).
Entire Agreement

  • These terms together with an accepted Scope of Works between the parties represents the entire agreement between the parties in relation to the Services and supersedes all prior discussions, negotiations, understandings and agreements in relation to those Services.
Governing law

  • These terms will be governed by the Laws of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in that jurisdiction.
Waiver

  • A provision of these terms, or right, power or remedy created under them, may not be varied or waived except as agreed in writing.
Relationship

  • The relationship between us is that of principal and independent contractor. You must not represent yourself as our employee or agent.
Interpretation

  • In the Agreement:
    • headings, bold type and square brackets are for convenience only and will not affect interpretation of this Agreement;
    • words in the singular include the plural and words in the plural include singular, according to the requirements of the context;
    • a reference to a legislation or other Law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them;
    • a reference to any of the words "include", "includes" and "including" is read as if followed by the words "without limitation"; and
    • terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act, unless the context otherwise requires.
Definitions

  • ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Act of Default occurs if either party:
    • commits a material breach of these terms;
    • is unable to pay its debts as and when they fall due;
    • commits an act of bankruptcy, enters into any composition or arrangement with its creditors or does anything which would make it liable to be put into liquidation;
    • has a receiver, other form of insolvency administrator or statutory or official manager appointed over any of its assets.
  • IPR means all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered.
  • Price means the amount payable for the Services specified on the Scope of Works.
  • Privacy Policy means our Privacy Policy from time to time available at https://www.ontapliquor.com.au/privacy-policy/.
  • Site means https://www.ontapliquor.com.au/.
  • Scope of Works means our fee proposal for the provision of Services .
  • Services means the items, deliverables and/or services provided, or to be provided, by us to you as identified in a Scope of Works.
  • Taxes means taxes, levies, imposts, duties, excise, and charges, deductions or withholdings, however described, imposed by Law or government authority or agency other than Australian GST or any tax imposed on, or calculated having regard to, net income.
 

 

SUBSCRIPTION/MEMBERSHIP SERVICES

Subscription Service

The subscription service offered by On Tap Liquor or any associated or approved service or provider is only valid in the state of Victoria (Australia) and On Tap Liquor or any associated or approved service or provider will accept no liability related to a subscription being taken up by an individual located in a state of Australia other than Victoria or the world in general.

Minimum Term

Each subscription/membership package is subject to a minimum paid subscription service of 12 months. Cancellation of a subscription prior to the 12 month period finishing may result in an invoice being issued to cover the remaining subscription period. Cancellation after the initial 12 month period will not incur any penalty. When you tick the digital box indicating that you have accepted these Terms and Conditions, you accept these payment responsibilities and obligations to pay any outstanding amount that may be due for payment as a result of early termination of the subscription period.

Upgrade/Downgrade of Subscription Package (Membership/Subscription Services)

Subscribers to the On Tap Liquor Consulting subscription services may upgrade or downgrade the level of subscription  during any 12 month subscription period Changes to the subscription level will take effect as of the next subscription  payment due date The dashboard of the members services page will only update after the payment of the increased / decreased subscription period has commenced.

Accrual of Audits (Membership/Subscription Services)

On sign up to a subscription/membership service that includes 2 audits per year, an initial ‘full audit’ of each venue subject to the subscription will be conducted by On Tap Liquor Consulting Staff in line with any policy / guideline set out and /or determined by On Tap Liquor Consulting (On Tap Liquor Pty Ltd) from time to time. Subsequent to this Full Audit, each venue that is subject to the subscription will accrue 1 venue spot inspection/audit for every 6 months of membership, the first of which will be accrued after the first 6 months of membership. Once an audit has been accrued, the member ‘dashboard’ will be updated to reflect the accrual.

An audit will be arranged by On Tap Liquor in accordance with any policy / guideline set out and /or determined by On Tap Liquor from time to time. Appropriately qualified staff will undertake all venue audits.

On Tap Liquor does not in any way guarantee that an audit will result in the total resolution of compliance related matters and the licensee of a licensed venue (Gaming or Liquor) and the subscription holder associated with the venue or associated entities agrees by way of accepting these Terms and Conditions to exempt  any negligent blame or costs associated with any matter detected (criminal / civil  or otherwise) against On Tap Liquor Consulting (On Tap Liquor Pty Ltd), associated or approved services or providers and all staff. The subscription holder / licensee and associated entities agree that it remains wholly to their duty to ensure that a licensed venue (Gaming or Liquor) is compliant at all times to the applicable laws, regulations, policies or guides as required by the Government in power or regulatory body.

RSA Training Sessions (Membership/Subscription Services)

RSA training sessions, as accrued under a membership/subscription service, will be provided on an ‘as available’ basis and will be offered subject to availability in each session. On Tap Liquor members/subscribers are required to book spaces within sessions made available via the On Tap Liquor website on their members’ services dashboard. To ensure that the membership accrued RSA training sessions are utilised when booking, the member/subscriber will be required to log in to their account, and book the requested places through the RSA tab within the members’ dashboard.

Each subscriber will be permitted to accrue a maximum of 12 months’ worth of RSA training sessions. No further accrual of RSA places will be permitted after 12 months has expired and the subscription holder will be given a period of 3 months in order to utilise any unused accruals or placements.

When requesting ‘On Site’ training, minimum class numbers may be applied by On Tap Liquor staff at their discretion. Before requesting an onsite training session, the subscription holder or authorised representative is required to contact On Tap Liquor staff regarding minimum class numbers, location and costs. Additional charges may apply to these specific training sessions.

Use of Software (Website)

On Tap Liquor grants you the right to access and use the membership/subscription Service via the Website with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

  1. The Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;
  2. The Subscriber is responsible for all Invited Users’ use of the Service;
  3. The Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
  4. If there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

Use of ComplyCloud (External Provider)

Use of the ComplyCloud system will be subject to the ComplyCloud terms and conditions which can be found at http://www.complycloud.com.au/HtmlPages/terms-of-use.html. On Tap Liquor accepts no responsibility related to the use of the third party system.

Your Obligations (Subscription/Membership Service)

Payment obligations: Access to the subscription service is by way of credit card payment only (Visa / MasterCard) through a protected payment gateway. An invoice for the Access Fee will be issued each month starting on the date you signed up for the subscription service. All invoices will include the Access Fee for the following one month of use. On Tap Liquor will continue invoicing you monthly until this Agreement is terminated in accordance with the termination policy.  All On Tap Liquor invoices will be sent to you, or to a Billing Contact whose details are provided by you, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 7 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.

Preferential pricing or discounts: You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of venue that you have added to the membership service or that have been added with your authority or as a result of your use of the Service (‘Organisations’). Eligibility for such preferential pricing or discounts is conditional upon your acceptance of responsibility for payment of any Access Fees in relation to all of your venues. Without prejudice to any other rights that On Tap Liquor may have under these Terms or at law, On Tap Liquor reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organisations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.

Discount coupons: You may from time to time be offered discount coupons by On Tap Liquor for the Access Fees. On Tap Liquor authorises the use of these coupons to only be used by the person or entity it is provided to. No discount coupon is transferrable and all use is subject to the Terms and Conditions as set out in this document. If discount coupons have been found to be misused On Tap Liquor has the right to terminate any subscription / ban a user and make demand for any loss from the person or entity that was the holder of the discount coupon.

General obligations: You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by On Tap Liquor or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.

Access conditions:

  1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify On Tap Liquor of any unauthorised use of Your passwords or any other breach of security and On Tap Liquor will reset Your password and You must take all other actions that On Tap Liquor reasonably deems necessary to maintain or enhance the security of On Tap Liquor’s computing systems and networks and Your access to the Services.
  2. As a condition of these Terms, when accessing and using the Services, You must:
  3. Not attempt to undermine the security or integrity of On Tap Liquor’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
  4. Not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
  5. Not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
  6. Not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
  7. Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
Usage Limitations: Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against On Tap Liquor’s application programming interface. Any such limitations will be at the discretion of On Tap Liquor and subscription holders will be advised by either electronic or postal mean.

Communication Conditions: As a condition of these Terms, if you use any communication tools available through the Website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When you make any communication on the Website, You represent that you are permitted to make such communication. On Tap Liquor is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, you must exercise caution when using the communication tools available on the Website. However, On Tap Liquor does reserve the right to remove any communication at any time in its sole discretion.

Indemnity: You indemnify On Tap Liquor against; all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to On Tap Liquor, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

Termination Policy (Membership/Subscription Services)

These Terms will continue for the period covered by the Access Fee paid or payable under these terms. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If you terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms. If your membership has not concluded the minimum 12 month period, a final invoice for the remainder of that 12 month period will be issued and payable within 7 days.

If You:

  1. breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
  3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
 

On Tap Liquor may take any or all of the following actions, at its sole discretion:

  1. Terminate this Agreement and Your use of the Services and the Website;
  2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
  3. Suspend or terminate access to all or any Data.
  4. Take any of these actions in respect of any or all other persons whom you have authorised to have access to your information or Data.
 

For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations is not made in full by the relevant due date, On Tap Liquor may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:

  1. Remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. Immediately cease to use the Services and the Website.
 

GENERAL

General Terms

These Terms, together with the On Tap Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and On Tap Liquor relating to the Services and the other matters dealt with in these Terms.

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

You may not assign or transfer any rights to any other person without On Tap Liquor’s prior written consent.

If the information or Data You are accessing using the Services and the Website is solely that of a person who is a resident in the United States of America at the time that You accept these terms then the United State of America law governs this Agreement and You submit to the exclusive jurisdiction of the courts of the United States of America for all disputes arising out of or in connection with this Agreement. If the information or Data You are accessing using the Services and the Website is solely that of a person who is a resident in New Zealand at the time that You accept these terms then New Zealand law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement. If the information or Data You are accessing using the Services and the Website is solely that of a person who is a resident in England at the time that You accept these terms then England law governs this Agreement and You submit to the exclusive jurisdiction of the courts of England for all disputes arising out of or in connection with this Agreement. In all other situations this Agreement is governed by the laws of Australia and you hereby submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to On Tap Liquor must be sent to enquiries@ontapliquor.com.au or to any other email address notified by email to you by On Tap Liquor. Notices to You will be sent to the email address which you provided when setting up your access to the Service.

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

Period of Engagement

The agreed services will commence upon acceptance of these Terms and conditions and will cease at the completion of the agreed works, or otherwise as agreed to by the parties, or at the end of a paid membership/subscription period.

Confidentiality & Privacy

In conducting the agreed services, information acquired by On Tap Liquor Pty Ltd in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by On Tap Liquor Pty Ltd to other parties other than as required/allowed for by law or via the application process, or with the express consent of the client. Any intellectual property rights, reports, letters, drawings, electronic information provided by On Tap Liquor Consulting to the Client vest in the Client only to the extent that it may be used directly for the purposes outlined in the scope of work. Written or electronic information provided by On Tap Liquor Consulting may not be provided to third parties unless approved in writing by On Tap Liquor Consulting.

Intellectual Property, Liability, Use of Material and Copyright

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to any services rendered remain the property of On Tap Liquor (or its licensors).

On Tap Liquor authorises you to view, copy, and print a single copy of materials and templates held within the website solely for your personal, or commercial use only when such use is specifically associated with the venue/s attached to the subscription.

As a user, you agree to use the services offered by On Tap Liquor in a manner consistent with all applicable laws and regulations.

All contents of the website, including text, graphics, images, templates and other material, are protected by Australian and foreign copyright and trademark laws. Unauthorised use of and of the material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.

If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

On Tap Liquor authorises the use of materials on the website for your commercial use under special circumstances, and when relevant to the venue attached to your subscription. Use of such material in any publication, or outside of the venue attached to your subscription, will attract a fee of $500AUD + GST per copy for printed material or $500AUD + GST per page per day for online reproductions.

By using any material from this site you agree to incur this charge and agree to be invoiced for the full amount within the standard terms of service offered by On Tap Liquor.

The material may contain inaccuracies or typographical errors. On Tap Liquor makes no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the website or material. Use of the website and material is at your own risk. Venue compliance will remain the responsibility of the Subscriber and On Tap Liquor will not be held liable for breaches detected whilst using materials or services offered by On Tap Liquor.

On Tap Liquor does not guarantee that the website will function without error or that the website and its server are free of computer viruses and other harmful goods or conditions. If your use of the website and/or the material results in the need for servicing or replacing equipment or data, On Tap Liquor is not responsible for those costs.

Limitation of Liability

To the maximum extent permitted by law, On Tap Liquor excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, our services or website.

If You suffer loss or damage as a result of On Tap Liquor’s negligence or failure to comply with these Terms, any claim by You against On Tap Liquor arising from On Tap Liquor’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

If you are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with the termination policy.

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