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LOST SOUL: TERMS & CONDITIONS
These Terms & Conditions govern your use of www.lostsoul.com.au (Website) and the purchases you make through it. By using the Website, you agree with The Trustee for B.A.D. Spirits Pty Ltd (Lost Soul) to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, you must refrain from using this Website. Lost Soul supports the Responsible Service of Alcohol. All online liquor sales are processed by The Trustee for B.A.D. Spirits Pty Ltd (ABN 28 921 507 721) under Liquor Licence no. 57622455 (SA).
Lost Soul sells its products within Australia. All services provided by Lost Soul, including any services provided through this Website and at Lost Soul venues are governed at a minimum by these Terms & Conditions and by all other specific policies or terms and conditions (Additional Terms) of Lost Soul identified on the Website from time to time. If there is any inconsistency, ambiguity or conflict between these Terms & Conditions and any Additional Terms, the Additional Terms shall have precedence to the extent of any inconsistency.
Lost Soul may revise these Terms & Conditions at any time by updating them on this Website. As you are bound by the most current version of these Terms & Conditions, each time you use this Website you should check these Terms & Conditions from time to time.
We encourage you to also refer to the Lost Soul Privacy Policy and Collection Statement, which govern how we collect, use and disclose your personal information (Personal Information).
Website
The information on this Website, such as the availability and description of Lost Soul products and merchandise, the availability and description of third party products and merchandise, all event information including Lost Soul events, any promotional information, or delivery information may change from time to time without notice. While Lost Soul endeavours to keep the information on this Website accurate and up to date to the extent allowed by law, Lost Soul assumes no responsibility for, and offers no warranties or representations regarding, the accuracy, reliability, completeness or timeliness of the Website (including the representativeness of images of products and packaging). In particular, features of and information about third party events, products or services may change from time to time. All prices shown on this Website are in Australian dollars.
Orders and deliveries
You may purchase goods on this Website including Lost Soul products and merchandise and third party products and merchandise by selecting and placing your order through this Website in accordance with these Terms & Conditions and any applicable Additional Terms. Each purchase or request for purchase of Website Products are subject to these Terms & Conditions. Website Products are limited to the products available for purchase on this Website. Purchase may only be made through this Website by using one of the valid payment methods indicated at the point of purchase (Payment Method). Any order placed through this Website for any products advertised on this Website is an offer by you to purchase the products for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. Lost Soul retains the right to refuse any offer made by you. All orders are subject to Lost Soul’s acceptance and availability and confirmation of price.
Lost Soul may record all details of and incidental to orders made through the Website. Lost Soul records may include details of the forms of age verification required, credit card details (depending on the nature of the order(s) made and the payment method used via Lost Soul secure payment system) and the taking of photographs. Lost Soul will only use or disclose such records for reasonable purposes, which may include: proof of delivery, administration and record keeping requirements for compliance with liquor licencing laws, or in co-operation with law enforcement.
By placing an order with Lost Soul, you confirm that all information (including delivery address and payment information) that you have provided in completing the order is true and correct. You warrant that you are an authorised holder of the Payment Method (and any related credit or debit card, bank account or other value account linked to your Payment Method) used to complete the transaction, and that the nominated Payment Method will cover the full cost of the goods. By placing an order with Lost Soul, you authorise us to debit the amount payable from your Payment Method (and/or any related credit or debit card, bank account or other value account linked to your Payment Method). If we are unable to successfully process your Payment Method to fulfil your payment, we may notify you of the dishonour and cancel your order.
Words or expressions used in these Terms & Conditions that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST will be automatically applicable to each order placed. Delivery costs will be charged in addition to all prices, such additional charges being clearly displayed where applicable and included in the ‘Total Cost’ (to the extent that Lost Soul is reasonably able to determine delivery costs in advance). Delivery costs may vary from the amount stated due to the ultimate destination of the order or other variables beyond Lost Soul’s reasonable control.
Lost Soul may replace or vary any Website Product prices from time to time prior to the placement of any order for Website Products made by you. Lost Soul will issue a tax invoice for each taxable sale of Website Products made to you.
All orders are subject to Payment Method approval and billing address verification. This includes orders associated with the same name, email address, billing address, credit card number or other information. After processing, please contact Lost Soul in accordance with the Order Query clause below if you have any questions regarding your order.
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years, and you must confirm that you are 18 years of age or over before your order will be accepted. Lost Soul reserves the right to require satisfactory proof of age prior to accepting an order.
Delivery
You must select a shipping option, the price of which will be shown on checkout. Deliveries cannot be made to PO boxes. You agree that we may rely on any person who is at the address you gave for delivery, who is over the age of 18, and who takes receipt of your ordered products, as being authorised for that purpose. If you have provided incorrect or out-of-date details, you agree that Lost Soul shall not be held liable for delivery to the address notified to Lost Soul. Lost Soul may have regard to any delivery instructions (at point of delivery) provided by you, but does not accept responsibility or obligation to carry out such instructions.
You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you.
Once your order is accepted and payment is processed, your order will be dispatched from our warehouse. Standard shipping to metro addresses takes between approximately 1 to 7 days, based on our delivery provider. Express shipping to metro addresses takes between approximately 1 to 3 days, based on our delivery provider. Shipping to regional locations may take longer, based on our delivery provider.
While Lost Soul and its delivery providers use all reasonable endeavours to deliver within its expected timeframes, Lost Soul does not warrant such time frames and does not accept liability for any loss resulting from late delivery, including delays caused by epidemic or pandemic. Delivery times are subject to postal carrier transit schedules and schedule variations and Lost Soul is not responsible for any carrier delay arising for any reason whatsoever.
Lost Soul may not fulfil delivery of your order for reasons outside of our reasonable control, or if we consider that the recipient of the order is unsuitable for any reason, including because the likely recipient of the products appears to be under the age of 18. In these circumstances, we will attempt to arrange a redelivery or issue a refund.
Northern Territory Orders
If you are a resident of the Northern Territory or are using this Website to make purchase(s) for delivery to a Northern Territory address prior to any offer or acceptance, additional price checks must be completed. You acknowledge that the final price of Website Product(s) are subject to such additional calculations to ensure Lost Soul’s compliance with the Northern Territory’s minimum floor price requirements under the Liquor Amendment (Minimum Pricing) Act 2018 (NT).
Gift vouchers
The following conditions set out the terms for the purchase and use of gift Vouchers issued by Lost Soul (Gift Voucher). By purchasing a Gift Voucher you agree to be bound by these Gift Voucher terms.
You must be over the age of 18 to purchase a Gift Voucher, or to make a purchase using a Gift Voucher.
All conditions shown on Gift Vouchers are to be read together with these Terms & Conditions and Additional Terms and all other notices displayed on this on this Website. Any queries regarding the Gift Vouchers (including the details of participating retail outlets) are to be directed to Lost Soul’s Customer Service team on info@lostsoulgin.com.au or via this Website.
Lost Soul reserves the right to change these Gift Vouchers terms at any time. Changes to Gift Voucher terms will be available on this Website or by contacting Lost Soul. Each Gift Voucher must be purchased and used in accordance with these Terms & Conditions and any Additional Terms. Gift Voucher terms cannot be varied by you.
Gift Vouchers are valid for 3 years from the date of purchase and are valid for purchases of Website Products via the Website or our locations.
You are responsible for the use, safety and security of your Gift Voucher. Lost, damaged or stolen Gift Vouchers will not be cancelled, replaced or refunded. Gift Vouchers are not stored value, credit or charge Vouchers and are not transferrable, exchangeable, refundable or redeemable for cash. Any unused Gift Voucher values are not transferable, exchangeable, refundable or redeemable for other goods or services and cannot be taken as cash. To the full extent permissible by law, you are liable for all transactions on your Gift Voucher.
Gift Vouchers may not, without the prior consent of Lost Soul, be resold or offered for resale or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser from Lost Soul or any other person. If a Gift Voucher is sold or used in breach of these Terms & Conditions or any Additional Terms, Lost Soul reserves the right to cancel the Gift Voucher without a refund.
Lost Soul reserves the right to refuse a Gift Voucher purchase of retail sales and ticketed events in any of the following circumstances:
· if the Gift Voucher holder fails to produce appropriate identification as proof of age;
· if the Gift Voucher holder is under the age of 18 years; and/or
· if the Gift Voucher has been sold or used in breach of these Terms & Conditions and
Additional Terms.
Refunds and cancellations
Returns, replacements, credit notes and refunds are provided only where the product is faulty or damaged and is at the sole discretion of Lost Soul. Please notify Lost Soul within 5 days of delivery if you believe a product to be faulty or damaged. Lost Soul reserves the right to request and review evidence that the product is faulty or damaged prior to issuing a refund. Where Lost Soul accepts a return, free return shipping may be provided and a replacement, credit note or refund will be issued once the product is received by Lost Soul and confirmed faulty or damaged.
For change-of-mind or purchased-in-error returns, Lost Soul will refund your item up to 30 days from the date of purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the additional postage charges.
Lost Soul will notify you via email when your returned item has been received by Lost Soul. We will also notify you of the approval or rejection of your refund. If you are approved, then we will process your refund back on the Payment Method you paid with. Refund to your Payment Method may take up to 2 business days. If your refund is not approved, you are responsible for return postage.
We may also cancel your order for delivery in exceptional circumstances, in which case we will issue you a refund. These circumstances include, but are not limited to, where the ordered products are not available, if there was an error in the price or description of the ordered products, or we consider that your order is in breach of these Terms & Conditions.
Gift Vouchers are not refundable and will not be replaced nor money refunded after purchase.
Refunds of event tickets will only be issued at Lost Soul discretion. Refunds will be issued if an event is cancelled by Lost Soul.
Order queries
For refunds, cancellations and other order queries, Lost Soul can be contacted at sales@lostsoulgin.com.au
Events and safety
Lost Soul is committed to providing and maintaining a safe and healthy environment for all customers who attend all Lost Soul events, including Masterclass events. The unprecedented, and at times still unknown, nature of COVID-19 means that any activity requiring human interaction carries with it an inherent risk. While Lost Soul observes the health directives of relevant Government health and work safety authorities and uses its best efforts to mitigate any threat to attendees, by purchasing event tickets you acknowledge that you understand and accept the inherent risk of involvement in Lost Soul events and acknowledge that you have taken steps to reduce the risk you may pose to others attending any such event at Lost Soul premises.
By purchasing an event ticket through this Website, you:
a) acknowledge that you have an adequate standard of fitness, state of health and general level of wellbeing required to attend the event. You are aware that attendance at the event may not be without risk, and in undertaking and participating in the event, you expressly acknowledge that you accept and assume all risks associated with attending the event;
b) agree to comply with Lost Soul’s policies and procedures relating to COVID-19 during the event. You understand that during the event, Lost Soul may at any time in their absolute discretion:
· stipulate standards of behaviour applicable to the event, including health and safety guidelines; or
· prohibit your participation in the event (or any part of the event) for health, safety or behavioural reasons, and that as a result your attendance at the event may be delayed, rescheduled, cancelled or forfeited (in whole or in part), with no further remuneration or compensation payable to you;
c) agree to comply with all instructions and directions given to you by any representative of Lost Soul during the event;
d) agree that you have a duty to take reasonable care of your own health and safety, but also a duty not to adversely affect the health and safety of others;
e) confirm that you have not:
· to the best of your knowledge, been in contact with a confirmed case of COVID-19 within the fourteen (14) days prior to the event;
· travelled overseas or interstate within the fourteen (14) days prior to the event; or
· experienced any COVID 19-like symptoms, or symptoms of respiratory illness generally within the fourteen (14) days prior to the event; and
f) acknowledge that the appropriate and respectful treatment of all persons who you engage with during the event is an essential condition of your attendance at the event.
Intellectual Property
All materials on the Website, including but not limited to artwork, photographs, graphics, data, text and trademarks (Content), are owned by or licensed to Lost Soul and are subject to copyright and other intellectual property rights. Content is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted, and may not be used except as permitted in these Terms & Conditions or as indicated on the Website.
The use of Content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms & Conditions or specific permission is provided elsewhere on the Website or specific permission is obtained from us or the third-party owners. Any unauthorised use of images and logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.
Lost Soul reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the Website.
You may not modify or copy the layout or appearance of this Website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
You agree not to circumvent, disable or otherwise interfere with security related features on the Website.
If you correspond or otherwise communicate with Lost Soul, you automatically grant to Lost Soul 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.
Lost Soul appreciates any suggestions you may have regarding ways in which Lost Soul’s Website Products and this Website may be improved, or suggestions for materials which may be added to this Website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Lost Soul. Lost Soul may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
Outside links
The Website may contain links to third-party sites. Lost Soul provides these links as a convenience and does not endorse the companies or contents of any such sites. Lost Soul has no control over, is not responsible for, and makes no implicit or explicit representation or warranty and disclaims to the extent permitted by law all liability with respect to any such site, any content on any such site (including its accuracy, validity, or legality) or any such site’s privacy practices. You agree that you use such third-party sites at your own risk.
Warranty and liabilities
Lost Soul Website Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Website Products repaired (where appropriate) or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law. These Terms & Conditions and any Additional Terms do not restrict or modify the rights and remedies to which you may be entitled to under the consumer guarantee provisions of the Australian Consumer Law.
Without displacing the operation of the Australian Consumer Law and to the extent permitted by law, this Website and all Content is provided “as is” and Lost Soul disclaims all warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose and non-infringement. You agree that you use the Website at your own risk.
Lost Soul makes no representations that this Website will operate error-free or that the Website, its servers or the Content are free of viruses or similar harmful features.
To the extent permitted by law, under no circumstances shall Lost Soul be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use of, or inability to use this Website or the Content even if Lost Soul has been advised of the possibility of such damages. Furthermore, our liability to you for loss or damage of any kind arising out of or in connection with our agreement or relationship with you is reduced to the extent that you cause or contribute to the loss or damage. This clause applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Where Lost Soul provides you with a refund, you agree that the refund is the total amount of Lost Soul’s liability to you in relation to all circumstances relating to the refund.
You agree to indemnify, defend and hold harmless Lost Soul, its directors, management, officers, employees, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of these Terms & Conditions or any Additional Terms. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Nothing in these Terms & Conditions derogate from Lost Soul’s right to maintain any action against you for any part of any unpaid purchase price, for any monies owed to Lost Soul or for any damages, loss, liability or other cause of action.
Privacy
Lost Soul collects and uses Personal Information including financial, contact or unique identifier information to ensure that the Website Products purchased are delivered to you; to advise you of any possible changes/cancellations that may occur in relation to the event you booked; and/or to confirm the identity of users and bill customers for products and services. If the Personal Information requested is not provided, the Lost Soul may not be able to facilitate your transaction, distribute products or contact you.
Lost Soul will not share your Personal Information with unrelated third parties without your prior consent. However, when you make a purchase through this Website, your consent is required for Lost Soul to provide your Personal Information to those third parties necessary to process your transaction with us such as venues, credit card companies and shipping and handling companies acting on Lost Soul’s behalf (which abide by the National Privacy Principles). Lost Soul may also use your Personal Information to keep you informed of products and future events via direct marketing, if you elect, at the time of booking, to receive this information. You may also change this choice in the future by contacting us with your request. Lost Soul will not use or disclose your Personal Information in any way, other than as disclosed in these Terms & Conditions, any Additional Terms and in our Privacy Policy and Collection Statement.
Lost Soul makes available its collection statement that details the Personal Information it collects, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties (Collection Statement). The Collection Statement will comply with Lost Souls’ disclosure obligations under the Privacy Act 1988 (Cth).
You can gain access to, update or correct any of your Personal Information by contacting Lost Souls’ Privacy Officer at daniel@lostsoul.com.au. All Personal Information will be stored by the Lost Soul in accordance with Lost Souls’ Collection Statement and Privacy Policy. A copy of the Lost Souls’ Collection Statement and Privacy Policy in relation to the treatment of Personal Information collected may be obtained on this Website link to Privacy Policy.
General provisions
These Terms & Conditions and any Additional Terms and any dispute or claim arising out of or in connection with the Website or Content shall be governed by and construed according to the laws of South Australia, Australia without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction of the courts of South Australia or the Federal Court sitting in South Australia, Australia to resolve any claims or disputes arising from or relating to the Website or the Content. Any claims arising from or in connection with the Website or the Content must be brought in such courts within one year after the event giving rise to such claim.
If any provision of these Terms & Conditions and any Additional Terms shall become or be declared unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions in these Terms & Conditions and any Additional Terms and may be severed without affecting any other provision.
These Terms & Conditions and any Additional Terms, together with the Privacy Policy and any other legal notices published by Lost Soul on the Website shall constitute the entire agreement between you and Lost Soul concerning the Website. Failure by Lost Soul to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against Lost Soul unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.