Welcome to On Tap Liquor Consulting (On Tap Liquor Pty Ltd), a professional liquor licence 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. 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.
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 March 2016.
Definitions within these Terms and Conditions
“Access Fee” means the monthly fee (excluding any taxes and duties) payable by you (the subscriber) for our membership/subscription services in accordance with the fee schedule set out on the Website (which On Tap Liquor Pty Ltd may change from time to time on notice to you).
“ComplyCloud” means ComplyCloud Pty Ltd which is a private Australian Company and all current and future global subsidiaries of ComplyCloud Pty Ltd including, without limitation ComplyCloud Inc. (United States), ComplyCloud Limited (New Zealand), and ComplyCloud (UK) Limited (United Kingdom).
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by you or with your authority into the Website.
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“On Tap Liquor” means On Tap Liquor Pty Ltd which is a private Australian Company and all current and future global subsidiaries of On Tap Liquor Pty Ltd including, without limitation On Tap Liquor Inc. (United States), On Tap Liquor Limited (New Zealand), and On Tap Liquor (UK) Limited (United Kingdom).
“Service” means the liquor licence consultancy services, or the subscription/membership services relevant to the Website made available by On Tap Liquor (as may be changed or updated from time to time).
“Website” means the Internet site at the domain www.ontapliquor.com.au or any other site operated by On Tap Liquor Pty Ltd.
“Invited User” means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
“Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.
GENERAL CONSULTANCY SERVICES
Estimated Fees and Charges (Consultancy Services)
Unless otherwise stated in writing, any estimates which we provide to you of our anticipated fees, disbursements and charges for any consulting services or government fees/charges indicated are only indicative of the amounts which are expected as part of the service. The estimates provided are not binding on us. All fees associated with the application process, including On Tap Liquor Consulting service fees, will be payable regardless of the outcome of the process. Work undertaken by On Tap Liquor Pty Ltd 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.
On Tap Liquor Consulting Invoicing structure (Consultancy Services)
The invoicing structure employed by On Tap Liquor Consulting in all application related matters is as follows:
Payment 1; Deposit Payment
An initial invoice will be issued for 40% of the estimated On Tap Liquor Consulting service fees as a deposit for the work required, and may include disbursements incurred by On Tap Liquor Pty Ltd. This invoice will be issued upon signing of the estimate. No work will be undertaken on the file until the deposit is paid in full unless a mutually acceptable payment arrangement is discussed. The deposit payment is nonrefundable.
Payment 2; Progress Payment
An itemised invoice will be issued, in the case of a matter involving a planning permit, prior to the licence application being submitted, or in the case of a matter not involving a planning permit when the application is submitted to the VCGLR. Work on the final may cease if this invoice remains unpaid. This invoice will include;
Payment 3; Final Payment
- 40% of the estimated On Tap Liquor Consulting service fees
- Disbursements associated with the application process (other than those already invoiced) that have been incurred, or likely to be incurred, by us.
An invoice will be issued prior to submitting the final documents to the VCGLR. Final documents will not be submitted to the VCGLR if this invoice remains unpaid. This invoice will include:
- Final payment of the remaining 20% of the estimated On Tap Liquor Consulting Service fees
- Disbursements associated with the application process (other than those already invoiced) that have been incurred, or likely to be incurred, by us.
On Tap Liquor Pty Ltd reserve the right to issue additional invoices outside of the above structure as and when required or deemed warranted. All fees associated with the application process, including On Tap Liquor Consulting service fees, will be payable regardless of the outcome of the process. Invoicing in relation to any ‘General Consulting’ work being undertaken by On Tap Liquor Consulting (not associated with an application process) will be undertaken on an ‘as required’ basis as decided by On Tap Liquor Pty Ltd. All disbursements paid for by On Tap Liquor Consulting will incur a 10% administrative surcharge.
Travel Surcharge (Consultancy Services)
A travel surcharge will be applied to any matter where travel is required. This surcharge is set at $1 per km (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 Ballan office and the subject venue.
Payment Terms (Consultancy Services)
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 On Tap Liquor Pty Ltd or a mutually acceptable payment arrangement has been agreed to. Work on any file may cease if invoices remain unpaid. Where the Client is a company, the person signing this acceptance also agrees to act as guarantor for all monies owing or found to be owing and indemnifies and keeps indemnified On Tap Liquor Consulting against any liability, claim for damages and all costs provided they do not result from the negligent acts of On Tap Liquor Consulting, its servants or agents. Any reports or advice provided by On Tap Liquor Consulting remain the property of On Tap Liquor Consulting until full payment is received and may not be used in any way by the Client until full payment is received.
Late payment and non-payment of invoices (Consultancy Services)
In the unlikely event that a client does not pay an invoice by the due date, the matter will be assessed depending on the situation and clients 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 On Tap Liquor Pty Ltd incur any costs of collection of any invoice issued, such as legal fees and collection agency fees etc., you agree to indemnify us for all such costs. Terms of trade must be agreed to prior to commencement of sales transactions between On Tap Liquor Pty Ltd and the client.
Termination policy (Consultancy Services)
On project termination, On Tap Liquor Consulting should be compensated for:
- Any advance payment due. This includes any deposit payment or progress payment that is due relating to the project if for some reason it has not yet been paid.
- A fee based on an hourly rate of $165.00 per hour (Plus GST) for any work that has been completed up until the point of termination.
- Any disbursements paid by On Tap Liquor Pty Ltd in relation to the file. In the case of On Tap Liquor Pty Ltd being unable to complete the project, On Tap Liquor Pty Ltd is responsible for compensation of reasonable project related losses that can be directly attributed to the failure to complete the project.
Responsibilities (Consultancy Services)
On Tap Liquor Consulting will ensure all works are provided to the highest possible professional standards and within reasonable time. We cannot, however, take responsibility for delays associated with government processes and procedures. Clients are required to provide information and documentation as requested in a timely manner and will be responsible for the completeness and accuracy of that information.
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.
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:
- 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;
- The Subscriber is responsible for all Invited Users’ use of the Service;
- 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;
- 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.
- 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.
- As a condition of these Terms, when accessing and using the Services, You must:
- 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;
- 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;
- 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;
- 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
- 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.
- 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;
- 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
- 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:
- Terminate this Agreement and Your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
- Suspend or terminate access to all or any Data.
- 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:
- Remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- Immediately cease to use the Services and the Website.
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 email@example.com 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.