These terms and conditions apply to the use of the Website. In using the Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website.
In these terms and conditions:
“Coco Vodka”, “we”, “us” and “our” means Vodka Co Pty Ltd ACN 162 838 351 of Level 1, 530 Little Collins St. Melbourne, Australia 3000;
“Linked Website” means a website that is hyperlinked from the Website or whose URL we disclose on the Website; and
“Website” means the website maintained by us and presently found at the URL, cocovodka.com.au;
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Minimum age requirement
Purchases of liquor through the Website are made under Victorian Liquor Licence number 36132376.
Under the liquor Control Reform Act 1998 it is an offence:
(a) To supply alcohol to a person under the age of 18 years (penalty exceeds $8,000); and
(b) For a person under the age of 18 years to purchase of receive liquor (penalty exceeds $700).
By Accessing or purchasing any product through the Website, you warrant to us that:
(a) you are over the age of 18 years; and
(b) any person that you are obtaining the product(s) for, or supply to product(s) to, is over the age of 18.
All information provided by us on the Website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time.
We do not make any representations or warranties that the information provided on the Website is reliable, accurate or complete or that your access to the Website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.
If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material in addition you may not commercialise any information, products or services from the downloaded material.
You must ensure that your access to this Website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this Website or any Linked Website.
We do not accept liability for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by others in contravention of these terms and conditions.
You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person authorised to represent you.
Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- commercialise any information, products or services obtained from any part of this Website,
without our written permission.
Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.
Use of our trade marks is not permitted unless consent to in writing by us.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including this Website).
Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.
Links to Linked Websites are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of access
Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Competition 1.0 June 5, 2014 (Win a $50 Gift Voucher Competition):
This is an Instagram competition run by Vodka Co Pty Ltd (The competition Promoter). By entering this competition you agree that:
a) you are not from Northern Territory or NSW
b) you are aged 18 years or older
c) you are an Australian resident
d) you have an active personal profile on Instagram (entries from brand or non personal Instagram accounts will not be valid).
e) you will enter the competition once (spam entries will not be valid)
f) gift cards can only be redeemed at www.cocovodka.com.au
g) Prizes are not transferable and are not redeemable for cash
To complete a valid entry entrant's must:
a) be a current subscriber of the Instagram account @Coco_Vodka
b) repost the competition image and tag @coco_vodka #cocovodka
c) submit an entry before Sunday June 22nd at 11.59pm AEST
The Gift Card prize is subject to the terms and conditions of Vodka Co Pty Ltd. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of Vodka Co Pty Ltd or otherwise as a result of the winner accepting and/or using a Gift Card prize, except for any loss, damage or injury which is due to the negligence or wilful misconduct of the Promoter or which otherwise cannot be excluded by law.
The Promoter reserves the right to request verification of age, identity, residential address and any other information from entrants relevant to entry into or participation in this promotion (including the originality of any entry). Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with this promotion.
In participating in this promotion entrants are providing information to the Promoter and not to Instagram. Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, and to the extent permitted by law, releases Instagram from any and all liability in relation to this promotion.
In any dispute relating to whether entries have been received or not will be determined by the Promoter, whose decision is final. Any entry that contains content that the Promoter, in its sole discretion, considers to be incomplete, inaccurate, underage, erroneous, ineligible, offensive, misleading, inappropriate or incomprehensible will be deemed invalid, as well as any entry that the Promoter, in its sole discretion, considers to infringe any intellectual property rights or other rights of any person, corporation or entity. Entrants acknowledge that all content posted on Instagram must be in accordance with Instagram terms (http://instagram.com/legal/terms/) and Instagram community guidelines (http://help.instagram.com/477434105621119/). Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
The Promoter may, in its sole discretion, determine whether any of the Content will be posted or remain posted on its websites or social media pages including Instagram. The Promoter reserves the right to vet or remove Content from its websites or social media pages at any time, without prior notice and in its sole discretion (including if properly notified that such Content infringes any third party intellectual property rights). Notwithstanding any decision by the Promoter to post any of the Content on its websites and social media pages, the terms and warranties set out in these Terms & Conditions continue to apply.
The Promoter may, in its sole discretion, disqualify any entry that the Promoter, in its sole discretion, considers to be unlawful, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, unsuitable for persons under the age of 18 years, or otherwise unsuitable, including, without limitation, any entry that:
- infringes any intellectual property, privacy, publicity or other rights of any third party;
- depicts, suggests or promotes defamatory material;
- depicts a celebrity or third party brand or third party product;
- depicts persons under the age of 25 years or younger, unless they appear in the natural background;
- depicts, suggests or promotes practices that are dangerous or likely to have an adverse health impact;
- depicts, suggests or promotes behaviour that would be considered detrimental to animals or the environment;
- contains images, symbols, figures or language that are likely to be considered gratuitously offensive or demeaning to either gender or to any race, ethnicity, religion, culture, sexual preference, disability or minority group;
- contains gratuitously provocative, demeaning or erotic sexual imagery, messages or innuendo;
- depicts, suggests or promotes predatory sexual behaviour;
- depicts, suggests or promotes littering or otherwise inappropriate means of disposing the Promoter's containers or packaging;
- depicts, suggests or promotes violent, aggressive, dangerous or antisocial behaviour;
- depicts, suggests or promotes illegal drugs or drug culture;
- depicts, suggests or promotes fighting or aggressive behaviour beyond that employed in sporting activities in line with community standards of acceptable practice in sport;
- depicts, suggests or promotes containers or shapes (e.g. hypodermic needles and syringes, explosive devices etc) that are predominantly associated with anti-social or dangerous behaviour; or
- depicts, suggests or promotes the excess consumption of alcohol.
- The Promoter reserves the right to vet, remove or disqualify entries in accordance with clause 28 at any time, without prior notice and in its sole discretion (including if properly notified that such Content infringes any third party intellectual property rights). The Promoter will not award prizes to entries that do not comply with these Terms & Conditions.
- Entrants will be refused service of alcohol or provision of an alcoholic beverage prize if it would breach any relevant laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. The Promoter supports the responsible service of alcohol.
- Entrants consent to the Promoter using their name, image, entry (including original photos), Instagram handle and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
On Monday June 23rd three winners will be selected. They will be contacted via Instagram and asked to supply their email address. Once the email is supplied they will be sent details for their $50 gift voucher with instructions on how to redeem it.