Terms & Conditions
References to ‘we’, ‘us’ or ‘our’ are references to The Trustee for Lagardere/AWPL Trust.
Contract means your Order of a Product.
Order means the order submitted by you on the site.
You means you the Customer.
Product(s) means the product selected from our Site.
Site means our online store firstname.lastname@example.org
This website is owned and operated by The Trustee for Lagardere/AWPL Trust.
- About you
In order to purchase products from us, you must be over 18 years of age and have a valid credit or debit card issued by a bank acceptable to us that you are authorised to use. You must log in, either with your own details or as a guest, and provide us with your full name and address for log-in details.
When placing an Order you undertake that the details that you provide to us, like your name, address and contact phone number and email, are true and accurate.
When making an Order you must follow the instructions on the Site. Once you have selected a product and entered your delivery address, the Site will display the invoiced amount (including taxes) and any delivery charges.
When you place an Order you will receive an acknowledgment email confirming receipt of your Order. Your Order remains valid as an offer and a Contract between us will only be accepted by us when your payment has been approved and your credit or debit card has been debited.
A Contract shall then be formed and we shall then be legally bound to supply the Product(s) to you.
- Order Mistake
If you discover that you have made a mistake with your Order after you have submitted it, please contact us immediately at email@example.com. We cannot guarantee that we will be able to amend your order.
- Product Availability
We may cancel the Contract if the Product is unavailable. We will notify you of the unavailability and return your payment.
For more information about shipping please see our Shipping Policy.
If you wish to cancel your order please contact firstname.lastname@example.org. No cancellation fees will apply unless the item has been dispatched and it must be returned to us at your cost.
- Faulty Products
Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law. If you believe the Product is faulty, then please contact us as email@example.com. Please include as many details as possible about the order including order number, the Product and details of the defect. We limit our liability to either repair or replace the Product as per our Return Policy.
- Intellectual Property
The intellectual property rights in all software and content made available to you on or through the Site remains our property or licensors. The intellectual property is protected by intellectual property laws and treaties and we reserve our rights to rely upon these laws and treaties. You may store, print and display the content for your own personal use. You must not publish, manipulate, distribute or otherwise reproduce any of the content or copies of the Website’s content including any unauthorized use of our trade marks.
- Other Websites
- Force Majeure
We will not be liable to you for any breach or delay in the performance of the Contract due to any cause beyond our reasonable control including but not limited to natural disaster, actions of third parties, riot, war, national emergencies, terrorism, strikes fire, explosion, storm, flood, drought, earthquake, natural disaster, and failure of public utility services or transportation services.
- Limitation on Liability
To the extent permitted by law, we are not liable for any express or implied guarantees, warranties, representations, or other terms and conditions. However, nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition imposed by legislation, including the Australia Consumer Law, which cannot be lawfully excluded.
You agree to indemnify, hold harmless and defend us, including our directors, employees, consultants, agents from any and all third party claims, liability, damages and/or costs arising from your misuse of this website or your breach of these Terms and Conditions.
We reserve the right to amend these Terms and Conditions at any time.
If any clause in these Terms and Conditions or a Contract shall become or be declared to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, which shall remain in full force.
- Governing Law
These Terms and Conditions and Contract shall be governed and construed in accordance with the laws of New South Wales (Australia).
17. General & Hotel licence - LIQUOR LICENSE ACT 1997
Alcohol is supplied under our licence 57006984. In order to purchase alcohol you must be over 18 years old and legally entitled to do so.
NAME OF COMPETITION: Southern Providore – Kangaroo Island Spirits Experience
PROMOTER: Kangaroo Island Spirits
PERMIT NUMBER: N/A
ELIGIBILITY: To enter this competition, you must: a) be an Australian resident aged 18 or over; b) be able to collect the prize from the venue. Entries WILL NOT be accepted from directors, officers, management and employees (and their immediate families) of the Promoter or of the agencies or companies connected with this competition. Immediate families means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
WHERE AND WHEN THE COMPETITION WILL RUN, RELEVANT STATE/S: This competition will run in at the Southern Providore at Adelaide Airport Domestic Terminal. This competition is open to all Australian residents (although the prize only includes transport from and to Adelaide Airport).
COMPETITION PERIOD: From store opening on 3 August 2021 until 11.59pm on 30 September 2021.
ENTRY DETAILS: Purchase any 700ml, 500ml or 3x 200ml pack of Kangaroo Island Spirits products from Southern Providore to go into the draw to win a Kangaroo Island Spirits experience. Entry is via an online form, which can be found via QR code or the URL https://deploy.link/v1/fac4be. All entries will be collated, printed and a manual draw conducted at the end of the promotional period.
ELIGIBLE PURCHASE: Eligible products - each bottle of 700ml or 500ml Kangaroo Island Spirits product purchased is one valid entry - each 3 x 200ml gift pack of Kangaroo Island Spirits product purchased is one valid entry
ENTRIES PERMITTED: Entrants are limited to 1 entry per eligible purchase.
WINNER DETERMINATION: Winner/s selected via a random draw. There will be 1 winner selected. The first valid entry drawn will win a bespoke, money can’t buy experience hosted at the Kangaroo Island Spirits Distillery and Cellar Door on Kangaroo Island. The winner will be selected via a random draw at 2:00pm (ACST) on Monday, 4th of September 2021, at the Southern Providore store, Southern Providore, level 2/1 James Schofield Drive, Adelaide Airport SA 5950.
Additional reserve entries may be drawn and recorded (in order). If an invalid entry or ineligible entrant is drawn, the relevant prize will be awarded to the first reserve entry drawn. This process will continue until a clear winner is determined. If after this process the prize still cannot be awarded, the prize will be dealt with in the Unclaimed Prize Draw.
PRIZE TO BE WON: The prize is a trip for 2 to Kangaroo Island Spirits Distillery and Cellar Door on Kangaroo Island, including return flights to Kangaroo Island from Adelaide airport, accommodation, meals, and cellar door and on-island experiences (to be determined by the promoter) to the value of up to $5000. The winner and his or her guest will be required to make their own way to and from Adelaide Airport. This prize will be available to be redeemed after 30 November 2021, pending availability of the Kangaroo Island Spirits facility and staff to accommodate the prize. This prize is subject to travel restrictions, flight and accommodation availability. Prize cannot be redeemed over any South Australian School Holidays or Public Holidays. Prize cannot be redeemed for cash.
NOTIFYING WINNER/S: The Winner will be notified by phone and/or email using the details listed upon entering the competition within 2 business days of the draw and will be published on the Southern Providore website https://southernprovidore.com.au/pages/kangaroo-island-spirits and social media pages.
PRIZE CLAIM DETAILS AND PROCESS FOR UNCLAIMED PRIZE/S: The winner must claim the prize by 5:00pm (ACST) on Monday the 19th of September 2021. If the prize has not been claimed by this date, the prize will be re-awarded to the predetermined first reserve(drawn at the original draw time of 2:00pm (ACST) on 4th of September 2021). The unclaimed prize draw winner will be notified by email within 2 business days of the draw.
1. The Promoter’s decisions regarding all aspects of this competition are final and no correspondence will be entered into. Treatment of Personal Information
2. All entries and any copyright subsisting in an entry will be the property of the Promoter. The information you provide to enter will be used by the Promoter for the purpose of conducting this competition. The information your guest provides will be used by the Promoter for the purpose of fulfilling the prize and otherwise running this competition. The Promoter may collect your and your guest’s personal information (including through its contractors or agents) or disclose your and your guest’s personal information to its related companies, contractors and agents to assist in conducting this competition, storing data or communicating with you or your guest. The Promoter may use your collected information for the purposes of marketing other promotions to you and in entering the Competition you consent to this use. Entry Process
3. Entries must be received during the Competition Period. Entries received by the Promoter will be considered final. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant.
4. You must only enter in your own name. You may be disqualified if you enter using multiple email/postal addresses, phone numbers, social media accounts or aliases.
5. The Promoter is not liable for late, lost, incomplete, misdirected, incorrectly submitted delayed or illegible entries, correspondence or claims for prizes due to error, omission, tampering, theft, destruction or otherwise including failure of entry forms being forwarded to the draw location (where applicable). Prizes Awarded
6. The Prize is as specified in the Prize To Be Won section of these Terms and Conditions and must be taken as offered and, if applicable, on the date/s specified.
7. Prize values are the recommended retail price (or an estimated value where a prize has no consumer price attributed) as provided by the prize supplier, include GST and are accurate as at the time of formulating these Conditions of Entry. The Promoter accepts no responsibility for change in prize value after that date.
8. The Promoter accepts no responsibility for any tax implications arising from prize winnings. Entrants should seek their own independent financial advice.
9. A prize will only be awarded to an entrant once the entrant has been validated and verified by the Promoter in accordance with these Conditions of Entry.
10. Prize is not transferrable or exchangeable and (unless cash is specified) cannot be redeemed for cash. Prize must be taken by the winner (and their guest) at the time stipulated by the Promoter. Failure to do so will result in the prize being forfeited and no cash or other compensation will be provided. If a prize or element of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, you agree to the Promoter awarding a comparable prize or prize element of equal or greater value as elected by the Promoter.
11. The Promoter and its associated agencies and companies are not liable for any damage, loss or delay in transit to prize. Prize delivery will only be made to Australian addresses.
12. You and your guest acknowledge that there may be intrinsic risks in some aspects of the prize and that using such prize may involve participating in dangerous/risky activities. By accepting the prize you and your guest accept those risks. You agree to ensure that your guest is aware of this provision and agrees to it prior to taking part in the prize. Publication & Publicity
13. Where winner publication is required, the winner’s full address will not be published.
14. If requested by the Promoter, you and your guest must participate in all promotional activity (for instance publicity, filming and photography) in relation this competition, free of charge and you consent (and must ensure that your guest consents) to the Promoter using their name/s, image/s and/or voice/s in promotional material in any media for any length of time without notification, remuneration or compensation. Verification
15. The Promoter (or its nominated agent) reserves the right, at any time during or after the Competition Period, to request you to produce suitable photo identification or other documentation (to the Promoter’s satisfaction in its sole discretion) to verify the validity of their entry/ies and to verify your identity, age, place of residence, place of employment, eligibility to enter and eligibility to claim a prize). If the requested documentation is not provided in the timeframe required or an entrant has not been validated or verified to the Promoter’s satisfaction, then the entrant’s entry (and at the Promoter’ discretion all of the entrants’ entries) will be deemed invalid.
16. The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has submitted an entry which is not in accordance with these Conditions of Entry. Liability
17. Except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), the Promoter and its associated agencies and companies exclude all liability for any loss, expense, damage, personal injury, illness or death (whether or not arising from any person's negligence) that may occur from participating in this competition or as a result of accepting or using any prize.
18. These Conditions of Entry do not exclude, restrict or modify any statutory consumer rights under the Australian Consumer Law and any similar laws. However, to the extent permitted by law to do so, the Promoter makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality and suitability of a prize awarded as part of this competition and will not be responsible for breach of any such implied terms. Other
19. If this competition is unable to run as planned due to computer virus, network/technical/communications failure, tampering or any cause beyond the Promoter’s reasonable control, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition or invalidate any affected entries, subject to any necessary approval from the gaming authority/ies in the Relevant State/s where permits have been issued.
20. The Promoter may run, communicate or advertise this competition using Facebook and/or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants are providing their information to the Promoter and not to Facebook or Instagram. Each entrant completely releases Facebook and Instagram from any and all liability.
21. The Promoter encourages consumers to enjoy alcohol responsibly. Legally aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at: https://www.nhmrc.gov.au/_files_nhmrc/publications/attachments/ds1
PRIVACY & SAFETY
- Collection of Personal Information:
We collect personal information through various means, including our websites; use of social media; orders and/or provision of products, services or support; and other third parties.
Whenever we collect personal information from third parties concerning an individual, we will take reasonable steps to advise that individual as soon as is practicable.
- Use and Disclosure of Personal Information:
Our main purpose for collecting, holding, using and disclosing personal information is to: supply and obtain products and services; response to enquiries; undertake research and surveys, and analyse statistical information; comply with legislation and regulations; to inform you of changes to our business and our products; and for marketing purposes including to assist in developing our website.
We generally explain at the time we collect personal information, how we will use or disclose that information. We will only use or disclose personal information for a purpose other than for which it was collected or a related purpose if you have consented to such different use or disclosure or such use or disclosure is otherwise allowed by the Privacy Laws. In carrying out our business, it may be necessary to share information about you with and between our service provider partners that provide services to us.
- Accessing Information:
If at any time you want to know exactly what personal information we hold about you, you are welcome to request access to your record by contacting us at firstname.lastname@example.org.
If at any time you wish to change personal information that we hold about you because it is inaccurate or out of date, please contact us at email@example.com and we will amend this record. If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.
Personal information will be managed confidentially and securely and destroyed appropriately when no longer required.