Terms of use

   

  1. This website is published by Bombak Distillery Pty Ltd ACN 620 205 996 ABN 31620205996 trading as Bombak Distillery, Liquor – Producer’s License #618213661619.
     

  2. Your use of www.bombak.com.au (“website”) is subject to these terms of use (“Terms of Use”). All services provided by Bombak Distillery, including any services provided through this website, are governed at a minimum by these Terms of Use and by all of the policies of Bombak Distillery. If You do not accept these Terms of Use, You must refrain from using this website.
     

  3. If You use this website or undertake any activities through this website, You will be deemed to have read, understood and accepted these Terms of Use.



     

  4. “Buyer” means You, a purchaser or potential customer of Goods from Bombak Distillery through the website.
     

  5. “Goods” means all goods, materials and equipment provided by Bombak Distillery.
     

  6. “GST” means all goods and services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
     

  7. “Intellectual Property” means any intellectual property owned by Bombak Distillery or used in connection with the business of Bombak Distillery, including without limitation, any graphics, logos, text, icons, trademarks, copywrite and confidential information.  
     

  8. “Interest Rate” means two percent (2%) per calendar month.
     

  9. “Price List” means the list of Goods and prices for those Goods, notified by Bombak Distillery to the Buyer, as current from time to time.



     

  10. Bombak Distillery may, at any time, add, change or remove content from this website without notice.
     

  11. Any articles, information or content published on this website must be read subject to these Terms of Use.
     

  12. The information, materials and services on or available through this website are provided for general information purposes only. Information is current at the time of first publication. Information provided on and through this website is not legal or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to Bombak Distillery.
     

  13. This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Bombak Distillery does not in any way represent that Bombak Distillery recommends or endorses the relevant advertiser, its products or services.
     

  14. Neither Bombak Distillery nor any third party will be liable for any errors in content, or for any actions You take in reliance on them. Neither You nor any other person may hold Bombak Distillery liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
     

  15. Bombak Distillery may promote, advertise, or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Bombak Distillery does not accept any responsibility in connection with your participation in activities conducted by any other party.



     

  16. You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable Law or Regulation and/or generally accepted practices or guidelines.
     

  17. As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
     

  18. You agree that You will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
     

  19. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate Law enforcement authorities.
     

  20. Bombak Distillery may stop (temporarily or permanently) providing access to all or parts of this website to You, or to guests or members generally, at its discretion and without prior notice to You. Bombak Distillery will not be liable to You or any third party for doing so.
     

  21. Bombak Distillery may impose limits or restrictions on the use You may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, Bombak Distillery may withdraw this website, or change or remove website functionality at any time without notice to You.



     

  22. You acknowledge that all Intellectual Property, including all intellectual property rights, graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Bombak Distillery, and that these remain the property of Bombak Distillery and must not be used in any manner without the prior written consent. These intellectual property rights are protected by Australian and international Law and nothing in these Terms of Use gives You a right to use any of them.
     

  23. You may view this website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website.
     

  24. You may not in any form commercialise any information obtained from any part of this website without the prior written consent of Bombak Distillery or, in the case of third-party material, from the owner of the copyright in that material.
     

  25. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website.
     

  26. If You correspond or otherwise communicate with Bombak Distillery, You automatically grant to Bombak Distillery an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.
     

  27. You must not at any time, without the prior express written consent of Bombak Distillery, apply for registration of any patent, business name, trade mark, company name or domain name which includes the Intellectual Property or any part of the Intellectual Property or is substantially similar to the Intellectual Property.



     

  28. With each delivery of Goods sold or supplied by Bombak Distillery to the Buyer, Bombak Distillery may issue to the Buyer an invoice for:
    (a) the Price of the Goods delivered, calculated in accordance with the Price List for those Goods current on the date of acceptance by Bombak Distillery of an order from the Buyer in respect of those Goods; and
    (b) all applicable delivery charges, freight, levies, goods and services taxes and any other taxes or charges applicable to the supply of those Goods.

     

  29. The Buyer must pay Bombak Distillery for Goods supplied by the Due Date. The Buyer must pay to Bombak Distillery, each amount referred to as GST on the tax invoice by the Due Date.
     

  30. The Buyer must not deduct any amounts from any payments owing to Bombak Distillery (whether by way of set-off or otherwise) unless otherwise agreed in writing by Bombak Distillery.
     

  31. All prices, charges, fees or other amounts payable by the Buyer to Bombak Distillery in accordance with any Price List, invoice or statement shall be calculated without including an amount for GST, unless it is clearly stated in that Price List, invoice or statement that the prices, charges, fees or other amounts payable include GST.
     

  32. If Bombak Distillery is required to reimburse the Buyer for any expense or liability incurred, the amount of the reimbursement payment must be reduced by the amount of any input tax credit claimed in connection with that expense of liability.
     

  33. The Price must be paid in cleared funds, by credit card by the Due Date.



     

  34. If the Buyer fails to make a payment for Goods by the Due Date, interest will accrue at the Interest Rate from the Due Date until the date on which such payment is made.



     

  35. This website is operated by Bombak Distillery Pty Ltd. As far as is permitted by law, you agree when you use this website to indemnify and release Bombak Distillery Pty Ltd in respect of any claims, loss or damage incurred as a result of any error, omission or misrepresentation in this web site.

  36. Bombak Distillery Pty Ltd reserves the right to refuse any purchase order, competition entry or booking made via this website.



     

  37. Bombak Distillery Pty Ltd warrants that the Goods and/or Services shall be free from faulty design, defects, and workmanship, suitable for the purpose intended and conform to the Purchase Order requirements and any applicable laws and regulations. Bombak Distillery warrants that the Goods are new and are of the specified quality.

ABOUT THIS WEBSITE

WEBSITE CONTENT

WARRANTY

USE OF THE WEBSITE

INTELLECTUAL PROPERTY RIGHTS

PRICES AND PAYMENT

INTEREST

LIMITATION OF LIABILITY

DEFINITIONS

Under the Liquor control Act 1988 (Western Australia) it is an offense: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises. Licence Number: 618213661619. Class of Licence: Producer’s Licence. Name of Licensee: Bombak Distillery Pty Ltd. 
© 2020 Bombak Distillery. Distilled and bottled at Unit 2, 26 Collingwood St, Osborne Park, Western Australia, 6017
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