1. The CUB ordering service service ('Service') is a service provided by CUB Pty Ltd (ABN 76 004 056 106) ('us', 'we', 'our') for CUB customers ('you'). It is provided via the CUB website or any replacement website we notify to you from time to time (“Site”).
3. We recommend that you carefully read these Terms before you use the Service. If you do not agree to these Terms, you should not use the Service.
4. These Terms apply in addition to any current terms of trade you have agreed with us in writing(for example, when you applied to become a CUB account holder or any agreement for the supply of products)(' Other Terms'). Those other terms are incorporated by reference into these Terms. If there is any inconsistency between these Terms and the other terms, the other terms prevail to the extent of the inconsistency. For the avoidance of doubt, unless we both agree in writing, all terms and conditions provided to us by you are excluded and do not form part of these Terms (including terms contained in any purchase order or other document supplied by you).
5. From time to time, we may need to change these Terms, including to reflect a change in our business practices, if we are required to do so by law, or for any security, technical or other infrastructure related reason.
6. We may update these Terms at any time (including in the circumstances described in clause 5) by posting the updated terms on the Site. We encourage you to review these Terms prior to making a purchase as any such update will be effective in relation to orders placed on the date the Terms were updated. Continuing to use the Service after our notice to you will be deemed acceptance of the updated Terms.
7. You must register on the Site in order to use the Service.
8. When you register, you will be asked to set up your username and password.
9. You are responsible for keeping your username and password secret. If you have registered on behalf of a business, you must ensure that the username and password is only disclosed to the business’ authorised representatives. You are responsible for all transactions carried out on the Site using your username and password.
10. Each time you use the Service, you represent that you are authorised to make purchases on behalf of the registered business.
11. You may use the Service to place an order for the products shown on the product list on the Site ('Product List').
12. We will use reasonable efforts to ensure that we have in stock the products shown in the Product List.However, we do not guarantee that all products will be available at the time you place an order. We will not be liable for any loss, damage or costs incurred by you or any other person if any product is unavailable at the time you place an order.
13. We will use reasonable efforts to include in the Product List up-to-date pictures of our products. However, any pictures displayed on the Product List are provided for illustrative purposes only and may differ in appearance from the products supplied to you. To the maximum extent permitted by applicable laws (including the Australian Consumer Law at Schedule 2 of the Competition and Consumer Act 2010 (Cth) ('Australian Consumer Law'), we exclude all liability (including in negligence) for any loss, liability, damage, cost or expense incurred or suffered by you or any other person in connection with any discrepancies between the pictures on the Products List and the appearance of the products you receive.
14. You are responsible for correctly entering all requested order information. If incorrect information is entered, it may result in you receiving and being liable to pay for unwanted products. If you need to make changes to or cancel your order before it has been delivered,contact us on 132 337 and we can discuss any potential options with you .
15. You may be issued with an order confirmation or receipt for orders placed via the Service. Issue of an order confirmation or receipt does not mean that your order has been accepted by us or that we will be able to complete the order in whole or in part.
16. If we notify you in writing that your order is accepted by us, a separate binding agreement will arise between you and us at the time of acceptance with respect to that order of products. That agreement will be on the same terms as the most current version of these Terms and any additional offer terms or promotions notified to you at or before acceptance of your order.
17. Unless otherwise agreed by the parties, the price you must pay for the goods will be the price for the goods as displayed in your account and any applicable delivery fee.
18. The price shown is exclusive of (GST) (if applicable) unless expressly stated otherwise.
19. The terms used in this section have the same meaning given to them A New Tax System (Goods and Services Tax) Act 1999 (Cth).
20. If GST is imposed on any supply or assessable dealing made under or in accordance with this document, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Subject to the recipient receiving a valid tax invoice in respect of the supply or assessable dealing, payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made.
21. If this document requires a party to pay for, reimburse or contribute to any expense, loss or outgoing ('Reimbursable Expense') suffered or incurred by another party, the amount required to be paid, reimbursed or contributed by the first party will be the amount of the Reimbursable Expense net of input tax credits (if any) to which the other party is entitled in respect of the Reimbursable Expense plus any GST payable by the other party.
22. If at any time an adjustment event arises in respect of any supply made by a party under this document, a corresponding adjustment must be made between the parties in respect of any amount paid to the supplier by the recipient pursuant to clause 21 and payments to give effect to the adjustment must be made and the supplier must issue an adjustment note.
23. In addition to the price for the products, we may charge a container deposit levy for products supplied for sale in any State or Territory that has a container deposit scheme. If applicable, we will notify you of the relevant container deposit levy that will apply to products supplied under these Terms.
24. We will use all reasonable efforts to supply the quantity of products ordered, by the delivery date specified in the order. If we are unable to do so, we will seek to work with you to try to minimise the impact to your business, but (to the maximum extent permitted by applicable laws (including the Australian Consumer Law)) we exclude all liability (including in negligence) for any loss, liability, damage, cost or expense incurred or suffered by you or any other person which may arise in connection with a delay in delivery.
25. We will deliver the goods to you by:
a. you or your agents collecting the goods at our (or a CUB supplier’s) premises;
b. us delivering the goods to the place of delivery specified in an order; or
c. A method otherwise agreed between us and you.
26. Where you have agreed to collect the goods at our (or our supplier’s) premises, we will endeavour, but are not obliged to, procure that the goods will be available for collection by you or your agents between the hours of 9.00 am and 5.00 pm Monday to Friday (excluding public holidays) at the place of collection specified in an order.
27. Where we are required to deliver the goods, we will endeavour, but is not obliged, to deliver goods between the hours of 9.00 am and 5.00 pm Monday to Friday (excluding public holidays) at the place of delivery specified in an order.
28. If you return or fail to accept or collect any delivery of the goods, we shall be entitled to payment of those goods and treat the obligation to supply the remainder of the goods (if any) as cancelled by you. You will be responsible for the storage cost and risk of any goods that you return or fail to take delivery until returned to us.
29. You must have a representative present at the delivery or collection location at the time the goods are delivered or collected, and if no representative is present, a redeliver fee may be charged by us.
30. Title to products will not pass to you until you have paid for them in full. However, risk will pass to you when the products are delivered to you.
31. All orders for alcohol products are only accepted, processed and distributed by us from, and are transmitted from, one of our licesed premises. Orders and any acceptance or agreement concerning those orders are subject to our obligations under the various liquor licensing laws in the jurisdictions in which we operate, and our obligations to comply with responsible service of alcohol obligations.
32. By placing an order for alcohol products, and you:
a. acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and.
b. warrant that you are over 18 years of age and are not obtaining alcohol on behalf of a person under the age of 18 years.
33. Alcohol products are supplied on the condition that you have a current liquor licence which permits the purchase and acceptance of the products to the premises directed. You must immediately notify us in writing if your liquor licence is suspended or cancelled or the supply of the products will not comply with your licence. You agree to provide proof of your licence on request by us or our delivery provider. We are entitled to not supply products where you do not provide proof (or we have reason to believe) that supply of the products will not comply with your licence.
34. We are entitled to assume that any person at your delivery address that takes delivery of alcohol products is authorised by you to do so. You must ensure that any person taking delivery of alcohol products from us is over the age of 18 years. You acknowledge that liquor licensing requirements apply to the delivery of alcohol products and we are unable to deliver to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. We are entitled to and may request evidence that the person accepting the products is 18 years or older, and may refuse to deliver the alcohol products if the person receiving the products is unable or unwilling to provide satisfactory evidence of proof of age.
35. You must pay us for the goods using the payment method available to you through your account at the time you place an order. You consent to the total amount payable by you for the goods being debited immediately from your nominated account by us (or an authorised third party) when you submit an order.
36. We will not be responsible for any fees, charges or penalties that the your bank may charge you in the event we debit an amount from your nominated account which exceeds the amount of funds currently deposited in that account.
37. You must not pay, or attempt to pay for products through fraudulent or unlawful means.
38. Unless otherwise agreed in writing by us, goods supplied to you that are intended to be dispensed from taps must be dispensed from taps and other devices bearing our product name or other logo associated with the product. No goods shall be dispensed for consumption from:
a. A tap or device bearing the name or logo unless the goods relate to that name or logo; or
b. An unbranded tap.
39. You must not alter, damage, remove or tamper with any packaging that the goods are sold in or from by you, such as bottles, cans, kegs and casks.
40. Goods supplied by us and intended by you for consumption on licensed premises shall not be mixed with other liquids or substances except at the express request of a consumer for the purposes of consumption.
41. Unless otherwise agreed in writing by us, we sell the goods to you for resale in Australia only.
42. We warrant that products supplied by us will, on the date of dispatch, be of merchantable quality and will comply with all applicable laws. To the maximum extent permitted by law(including the Australian Consumer Law), we exclude all other warranties and representations in relation to the products.
43. To the maximum extent permitted by law (including the Australian Consumer Law) and without limiting your rights under clause 57, we exclude our liability for any loss, damage or injury arising from any defect, or non-compliance with a condition or warranty, in connection with the products and if our liability cannot be excluded, we limit it, subject to applicable laws (including the Australian Consumer Law), to the replacement of the product. The exclusion of liability in this clause does not apply where the loss, damage or injury was caused by our gross negligence, contravention of law or wilful misconduct.
44. For the avoidance of doubt, nothing in these Terms exclude, restrict or modify any rights, remedies, guarantees, conditions or warranties that are implied or imposed by law that may not be excluded, restricted or modified (including under the Australian Consumer Law).
45. The Service may be accessed via the Site.
46. We will use reasonable efforts to provide access to the Service 24 hours each day, seven days per week. We will use reasonable efforts to notify you in advance of any planned disruptions to the Service by way of a service notice on the Site.
47. However, we cannot and do not guarantee the availability of the Service, and to the extent permitted by law, we will not be liable for any loss, damage or costs incurred by you or any other person if the Service is unavailable at any time.
48. In addition to our obligations at law, we will use all reasonable efforts to ensure that the Service is secure and that the information you provide via the Service is kept confidential and secure.
49. However, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot and do not guarantee that information you submit via the Service will not be monitored, read, or intercepted by others, and we will not be liable for any loss, damage or costs incurred by you or any other person if your information is monitored, read or intercepted in this way.
50. In these Terms, Confidential Information means information of a confidential nature including our Product List and any pricing information. Confidential Information does not include: information which is or becomes generally available in the public domain (other than through a breach of confidence); or information rightfully received by you from a third person who is under no obligation of confidentiality in relation to the information and who has not obtained that information either directly or indirectly as a result of a breach of any duty of confidence owed to us.
51. To the extent you receive or have access to any Confidential Information in connection with the Service, you acknowledge and agree that you must:
a. not use or disclose the Confidential Information except as permitted in these Terms; and.
b. take all reasonable steps, including maintaining effective security measures, to protect the Confidential Information from unauthorised access, use, copying or disclosure.
52. You may disclose the Confidential Information:
a. to your personnel who have a need to know the Confidential Information to enable you to comply with these Terms or receive or use the Services, provided you ensure that they keep the information confidential;
b. to your financial, legal or other professional advisors for the purpose of obtaining advice in relation to these Terms;
c. if required by law, provided you have given us prior notice where practicable; or.
d. with our prior written consent.
53. Either party may cancel an order immediately by notice in writing to the other party if:
a. the other party breaches any material term of these Terms and the breach is not remedied within ten (10) business days of receipt of notice of the breach; or.
b. the other party becomes bankrupt, goes into liquidation, is under external administration or any other event which is indicative of insolvency.
54. We may terminate or suspend your future access to the Service immediately by notice in writing to you if:
a. you have or we reasonably suspect that you may endanger our employees by engaging in conduct that would reasonably be considered as aggressive or threatening; or.
b. you have transferred or disposed of your rights or obligations under these Terms without our prior written consent.
a. we cancel an order in accordance with clause 53; or
b. the Service or your access to the Service is terminated or suspended in accordance with clause 54, you will still be responsible for any fees and charges you incurred in relation to the order or Service before the cancellation, termination or suspension date.
56. We may stop making the Site or the Service (or any part of it) available without prior notice.If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all payments received by us for those products.
57. We or our licensors own all intellectual property rights relating to the Site or the Service, including all intellectual property rights in any pictures,Product Lists, catalogues, trade marks and other content appearing on the Site. This content is provided for reference purposes only and must not be copied or otherwise reproduced without our prior written permission.
58. If your order is fulfilled in Western Australia, then subject to these Terms, the sale of liquor through an online platform is made on and from the licenced premises of the applicable licensee (as the case may be)
59. We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.
60. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
61. If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
62. These Terms (and your dealings with us) are governed by the law in force in the State of Victoria, Australia. You and we each submit to the non-exclusive jurisdiction of the courts of that State.
63. In addition to any rights you may have under applicable laws (including the Australian Consumer Law), You can request to return the products or make a claim for a refund if:
a. you believe that the products we charged you for were not provided; or.
b. there is a fault or defect with the products, provided that you notify us within two business days of the date of delivery or collection of the goods.
64. Without limiting any rights you may have under applicable laws (including the Australian Consumer Law), if we determine, acting reasonably, that the goods specified in your request under clause 63 do not meet the description, quality or quantity set out in an order, we may supply replacement goods to you or provide you with a credit to be applied against future orders.
65. Without limiting any rights you may have under applicable laws (including the Australian Consumer Law) any products for which we approve a request under clause 63 must:
a. be returned within 28 days of delivery;
b. to the extent possible, be unopened;
c. to the extent possible, be in a re-saleable condition; and.
d. to the extent possible, be returned as full cartons.
66. Call us on 132 337 and our representative will assess your request to return the products. Subject to any rights you may have under applicable laws (including the Australian Consumer Laws), products may be accepted for return at our absolute discretion.