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Terms of Use

Your use of, and access to, www.drinkspy.co.nz ('DrinkSpy') is subject to the following Terms of Use, which you are deemed to accept by accessing this website: www.drinkspy.co.nz

'DrinkSpy' is owned and operated by Liquor Information Pricing Services Ltd (LIPS). Your 'DrinkSpy' membership details, and any order information placed on this website will be held and processed by 'LIPS' at 3/15 Pannill Place, Albany, Auckland 0632.

This website has been developed to allow members to search for advertised alcohol prices and information, and to purchase assorted alcohol and non-alcohol products. If you choose to join 'DrinkSpy' and/or subscribe for any service offered by 'DrinkSpy', the provision of that service to you will be governed by these Terms of Use.

Protection of Personal Data To the extent that we collect any personal information about you through this website, we will use that information for the purpose for which it was acquired in accordance with our privacy policy, which is available at Privacy Policy.

DrinkSpy Membership

By submitting your details to join 'DrinkSpy' or any other service offered by 'DrinkSpy' via this website you represent and warrant that:

1. you are over 18 years of age and able to form a legally binding contract;

2. either: (a) the credit card used to pay for products or services (Credit Card) is issued to you;

(b) you are authorised to use the Credit Card to pay for products or services;

3. the Credit Card is valid and has sufficient available credit to meet the charges shown on the website in respect of the products or services that you have selected (Charges); and

4. the registration information you have supplied by joining 'DrinkSpy' is accurate and the email address that you have provided is for a valid and active email account to which you have access.

Charges

You authorise 'DrinkSpy' to forward your orders to licensed retailers or licensed suppliers to charge the specified dollar amount of the Charges to the Credit Card provided on your order. Your order will only be despatched for delivery once the licensed retailer or supplier have received an approval and authorisation code from the card issuer in respect of the payment of the order.

We do not register credit cards and no card information is retained on any 'DrinkSpy' server.

DrinkSpy Specials

'DrinkSpy' will advertise on this website, on behalf of its licensed retail clients or suppliers, alcohol and/or non-alcohol products (Sale Goods) for sale to its members and the public for a limited period at a discounted price off the recommended retail price (RRP) as advised by the licensed supplier to 'DrinkSpy' (Sale). The RRP for the Sale Goods includes GST and the advertised sale price for the Sale Goods also includes GST.

You understand and agree that to purchase any alcohol Sale Goods you MUST be over 18 years of age. You acknowledge that it is illegal to purchase alcohol if you are under 18 years old and it is also illegal to falsely declare your age in order to buy alcohol.

'DrinkSpy' collates orders for Sale Goods on behalf of its licensed retail clients or suppliers through the website. It does not supply Sale Goods to you directly. If you wish to place an order for Sale Goods then you must complete the Order Form in full on the website and submit it to 'DrinkSpy' at orders@drinkspy.co.nz (Order). Once you place an Order, you are obligated to complete the transaction in the manner specified by the licensed retail client or supplier, and you must make full and prompt payment for your Order. 'DrinkSpy' will securely send Orders to its licensed retailers or licensed suppliers to process and you agree to your contact details and other information being provided by 'DrinkSpy' to its licensed retailers or suppliers.

Delivery Information

You will be contacted by 'DrinkSpy's licensed retailer or supplier to confirm receipt of your Order. The retailer or supplier has the right to reject any Order in their sole discretion. Once the licensed retailer or supplier confirms that payment has been made by you and that it has been honoured, it will deliver your Order directly to the address specified on the Order Form. All deliveries are by courier and direct to your door. The courier will require a signature upon delivery from the legal purchaser. Identification may be required to confirm identity and age. If no one is home, the courier will leave a card requesting that you contact the Courier office to arrange a suitable delivery time. An alternative delivery address can be supplied for delivery i.e. your work.

The licensed retailer or supplier will usually deliver your Order within 3-5 working days following its receipt of payment from you. During some peak selling times (such as Christmas, Easter and public holidays as well as other times) it may take longer to deliver your Order to you.

You will be able to place orders through 'DrinkSpy' while stocks of the Sale Goods last. You need to purchase the minimum quantity of Sale Goods specified on the website. All of 'DrinkSpy' members order Sale Goods on a first in, first served basis.

'DrinkSpy' reserves the right to refuse to take your Order if the number of allocated Sale Goods available by the retail clients or suppliers has been previously ordered.

If your Order is not delivered to you within a reasonable time or if you have damaged or missing parts of your Order, then you can email 'DrinkSpy' at orders@drinkspy.co.nz and 'DrinkSpy' will refer your enquiry to the licensed retailer or supplier who will contact you directly to resolve the issue.

You acknowledge and agree that 'DrinkSpy' acts as an agent for its licensed retailers and suppliers when collating Orders and has no liability to you whatsoever in respect of the Sale Goods. If an Order is accepted by the retailer or supplier, and you make payment to the retailer or supplier, which is accepted by them, then a contract is formed between you and the retailer or supplier directly. Orders and all other contact between you and the retailer or supplier

are conducted entirely at your own risk. 'DrinkSpy' gives no undertakings, representations or warranties in relation to items sold or advertised on the website, including the quality, recommended retail price and sale price of the Sale Goods, or as to delivery times for an Order.

You expressly understand and agree that in respect of the Sale Goods:

(a) 'DrinkSpy' is not supplying the Sale Goods to you;

(b) without limiting these Terms of Use in any way, 'DrinkSpy' disclaims all implied conditions or warranties;

(c) no advice or information that is obtained by you from 'DrinkSpy' shall create any warranty that is not expressly stated in these Terms of Use; and

(d) responsibility for the content of advertisements and the determination of the RRP and the price of the Sale Goods rests completely with the licensed retailers and suppliers who are solely responsible for any representation made in any advertisement or otherwise.

'DrinkSpy' Intellectual Property

You acknowledge that 'DrinkSpy' is the sole and exclusive owner of all copyright, trade marks and all other intellectual property rights (Intellectual Property) in the software, text, graphics and other material (Content) displayed or available through this website, in the 'DrinkSpy' price search system and in the 'DrinkSpy' emails or any other communications sent to you by 'DrinkSpy'. Unauthorised use of the Content is strictly prohibited and may infringe 'DrinkSpy's Intellectual Property. No content may be reproduced, published or transmitted in any manner without the prior written consent of 'DrinkSpy'. In particular, you may not without prior written permission from 'DrinkSpy':

  • archive the Content or any part of it;
  • remove the copyright or trade mark notice from any copies of Content made available under these Terms of Use;
  • form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
  • deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
  • redistribute, resell or republish the Content.

Retail Clients

If you are a retail client that has registered with 'DinkSpy' to advertise your in-store specials or utilise any other service offered by 'DrinkSpy', you acknowledge that 'DrinkSpy' has the right to use freely and without restriction any advertising material or other material submitted by you to 'DrinkSpy' (Material), and you expressly warrant the following:

1. that the Material does not contain anything that:

(a) is misleading or deceptive or is likely to mislead or deceive or which otherwise

(b) infringes a copyright or a trade mark or otherwise infringes any Intellectual

(c) breaches any right of privacy or confidentiality;

(d) breaches any provision of any statute, regulation, by-law or other rule or law;

2. that the Material complies in every way with the Sale and Supply of Alcohol Act 2012, and The Advertising Codes of Practice, and in particular The Code for Advertising Liquor, issued by the Advertising Standards Authority Incorporated and with every other code or industry standard relating to advertising in New Zealand;

3. publication of the Material will not give rise to any liability on 'DrinkSpy's part or in a claim being made against 'DrinkSpy' in New Zealand or elsewhere;

4. you agree to indemnify 'DrinkSpy' against all losses or costs arising directly or indirectly from publication of the Material, and from any costs incurred in 'DrinkSpy' making corrections or amendments in accordance with the terms that follow;

5. that you will tell 'DrinkSpy' as soon as possible if there is an error or omission in any Material you have submitted. 'DrinkSpy' may refuse to publish, or withdraw Material from publication without having to give a reason. 'DrinkSpy' may require that Material is corrected or amended to conform to style, or for other genuine reasons. The positioning or placing of any Material within the electronic database is at 'DrinkSpy's discretion except where specifically agreed in writing.

Username and Password

Access to some parts of, or content on, this website may requires registration. This will result in you being allocated a user ID and password that must be used whenever requested. That username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password. Provided that 'DrinkSpy' has been correctly supplied with the account information requested, 'DrinkSpy' is entitled to assume that orders and payments are made by you. You agree to inform us at once by email or telephone if you believe that your account information is being misused by a third party so that we may suspend your account. You agree to indemnify 'DrinkSpy' against any and all loss, claims or expenses arising out of your failure to maintain the confidentiality of your username or password.

Linked Websites

This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. 'DrinkSpy' is not responsible for the content or privacy practices associated with Linked Websites. Links with Linked Websites do not constitute an endorsement, approval or recommendation by 'DrinkSpy' 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.

Links to this Website

You must not create a link to any part of this website without the prior written consent of 'DrinkSpy'. If you do create a link to any page of this website, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep 'DrinkSpy' indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.

Access to this Website

Access to this website may be terminated at any time by 'DrinkSpy' without notice. These Terms of Use will nevertheless survive any such termination. You acknowledge that your use of this website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, 'DrinkSpy' and its service providers do not make any warranty that the website or services will be error free, without interruption or delay or free from defects in design or engineering.

Cookies

Currently this website does not use "cookie" technology, but may do so in the future. A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID, that the website uses to track the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by other websites.

'DrinkSpy' may use cookies in the future (without further notice to you) to track user traffic patterns and to better serve you when you visit the website. You can set your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser, however doing so may limit your ability to use this website.

Disclaimer

While 'DrinkSpy' has endeavoured to ensure that all information provided on this website or contained in its emails or other communications is accurate and up to date, prices are subject to change and errors may have been in the advertisement or entry of an advertised offer into the 'DrinkSpy' database. Also, advertised prices are only available only while stocks last. Accordingly, 'DrinkSpy' recommends members to contact the retailer of a product they wish to purchase to confirm all details of the offers shown in any advertising information provided by 'DrinkSpy' are correct, before they order the product. All product and advertising information provided on this website is gathered from third parties (Third Party Information). Accordingly:

(a) 'DrinkSpy makes no warranty as to the accuracy, reliability, suitability or currency of Third Party Information on this website or provided in its emails or other communications; and

(b) 'DrinkSpy' will not be liable for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of Third Party Information.

In addition, 'DrinkSpy' makes no warranty that the website or any content posted on this website or sent to you by email will be free from viruses or any kind of malicious code whatsoever. None of the above impacts on your rights under the Fair Trading Act 1986 and Consumer Guarantees Act 1993.

Without limiting the above, 'DrinkSpy' is not liable for matters beyond its reasonable control. 'DrinkSpy' does not control third-party communications networks (including your Internet Service Provider), the Internet or acts of third parties.

Assignment

You may not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use.

Amendment of Terms of Use

These Terms of Use may be amended in whole or in part by Liquor Information Pricing Services Ltd from time to time. We will give you 30 days’ notice of any amendments to these Terms of Use by posting the amended Terms of Use on this website. You are responsible for ensuring you are familiar with the latest Terms of Use. Your continued use of this website represents your agreement to be bound by the Terms of Use as amended.

Governing Law

This website is governed by, and is to be interpreted in accordance with, New Zealand law. Any disputes between you and 'DrinkSpy' will be resolved by the New Zealand courts. 'DrinkSpy' excludes responsibility for the compliance of this website or the information contained in it with the laws of any other country.

Breach

Without limiting any other rights and remedies available to 'DrinkSpy', 'DrinkSpy' may limit your use of this website, issue a warning to you or suspend or terminate your subscription(s) if you breach these

Terms of Use.
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