Terms & Conditions

ATHLETIC BREWING COMPANY TERMS & CONDITIONS (Australia)

I. GENERAL TERMS AND CONDITIONS

  1. Information about us and how to contact us
    • 1.1 Who we are. We are Athletic Brewing Co. Australia Pty Ltd a company registered in Australia. Our Australian Company Number (ACN) is 647 284 651and our registered office is at Level 16, 1 Market Street Sydney NSW 2000, Australia. We operate the website at www.au.athleticbrewing.com (the ‘Website’ and ‘our website’).
    • 1.2 How to contact us. You can contact our customer service team by writing to us at info@athleticbrewing.com.
    • 1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
    • 1.4 "Writing" includes email. When we use the words "writing" or "written" in these terms, this includes email.
II. TERMS AND CONDITIONS WHEN YOU ORDER OUR PRODUCTS
  1. Our Contract with you
    • 2.1 What these terms cover. These are the terms and conditions on which we supply products to you.
    • 2.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
    • 2.3 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a Contract will come into existence between you and us.
    • 2.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • 2.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • 2.6 We only sell to Australia. Our website is solely for the promotion of our products in Australia. Unfortunately, we do not accept orders from addresses outside Australia.
  2. Our products
    • 3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    • 3.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
  3. Your rights to make changes

    If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 7- Your rights to end the Contract).
  1. Our rights to make changes
    • 5.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
    • 5.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so between the time you order and the time we deliver we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any products paid for but not received:
      • (a) Changes to our products and the availability of our products as explained on our Website.
      • (b) Changes to services provided to us by third party service providers.
  1. Providing the products
    • 6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
    • 6.2 When we will provide the products. During the order process we will let you know the estimated timeframe for providing the products to you. If the product is a subscription, we will supply the goods to you until either the subscription expires (if applicable) or you end the Contract as described in clause 8 or we end the Contract by written notice to you as described in clause 10.
    • 6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received.
    • 6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox or otherwise left in accordance with instructions you have provided, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We will not be liable or responsible for any loss or damage to your products once the delivery is made in accordance with your instructions.
    • 6.5 If you do not re-arrange delivery. You agree to accept delivery when we are prepared to deliver the products. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 2 will apply.
    • 6.6 Your legal rights if we do not deliver goods . You have legal rights if we refuse to deliver any goods; or if you told us before we accepted your order that delivery within the delivery deadline was essential and we miss the delivery deadline for any goods. You may, subject to clause 3, treat the Contract as at an end straight away.
    • 6.7 Setting a new deadline for delivery. If clause 7 applies and you do not wish to treat the Contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
    • 6.8 Ending the contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under clause 7 or clause 6.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at info@athleticbrewing.com for a return label or to arrange collection.
    • 6.9 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
    • 6.10 When you own goods. You own a product which is goods once we have received payment in full.
    • 6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, in relation to specific types of orders. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • 6.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
      • To deal with technical issues or make minor changes;
      • To update the product to reflect changes in relevant laws and regulatory requirements;
      • To make changes to the product as requested by you or notified by us to you (see clause 5); or
      • For causes outside our control.
    • 6.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the Contract for a product if we suspend it, or tell you we are going to suspend it, in each case, if the suspension will cause the expected delivery date of the products to delay for a period of more than 30 days, or if you told us before we accepted your order that delivery within the delivery deadline was essential, and we will refund any sums you have paid in advance for the product in respect of the period after you end the Contract.
    • 6.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you validly dispute the unpaid invoice (see clause 11.5). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.4).
  2. Your rights to end the Contract
    • 7.1 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
      • (a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
      • (b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 2;
      • (c) In all other cases, including if you have changed your mind (if we are not at fault), see clause 3.
    • 7.2 Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
      • (a) We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
      • (b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • (c) There is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 3);
      • (d) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
      • (e) You have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 7).
    • 7.3 Ending the Contract where we are not at fault (including when you have changed your mind). Even if we are not at fault , you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract for goods is completed when the product is delivered and paid for. If you want to end the Contract before it is completed where we are not at fault (including when you have changed your mind), just contact us to let us know (see clause 8). The Contract will end immediately and we will refund any sums paid by you for products not provided [but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.]
  3. How to end the Contract with us (including if you have changed your mind)
    • 8.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by emailing us at info@athleticbrewing.com. Please provide your name, home address.
    • 8.2 Returning products after ending the Contract. If you end the Contract for reasons permitted under these terms and conditions after products have been dispatched to you or you have received them please email us at info@athleticbrewing.com for a return label or to arrange collection or other arrangements at our option.
    • 8.3 When we will pay the costs of return. We will pay the costs of return:
      • (a) If the products are faulty or misdescribed; or
      • (b) If you are ending the Contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
      • (c) In all other circumstances you must pay the costs of return.  
    • 8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
    • 8.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as permitted by these terms and conditions.
    • 8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2. :
  4. Our rights to end the Contract
    • 9.1 We may end the Contract if you break it. We may end the Contract for a product at any time by writing to you if:
      • (a) You do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
      • (b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example a valid delivery address; or
      • (c) You do not, within a reasonable time, allow us to deliver the products to you.
    • 9.2 You may be required compensate us if you break the Contract. If we end the Contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
    • 9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  5. If there is a problem with the product
    • 10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team at info@athleticbrewing.com.
    • 10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products including under the Australian Consumer Law, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at info@athleticbrewing.com for a return label or to arrange collection.
  6. Price and payment
    • 11.1 Where to find the price for the product. The price of the product (which includes, where applicable GST) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • 11.2 We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.
    • 11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you.
    • 11.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, American Express, Discover, JBC, Diners Club, Elo, ShopPay, Apple Pay and Google Pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Commonwealth Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • 11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  7. Our responsibility under the Australian Consumer Law.
    • 12.1 We honour the consumer guarantees. If you are considered a “consumer” within the meaning of the Australian Consumer Law (ACL), we give the consumer guarantees to the extent required by the ACL with respect to our products, and the following notice applies to you:
      • “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
    • 12.2 We are responsible to you for reasonable foreseeable loss and damage caused by us. . We are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking the ACL, including the consumer guarantees, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • 12.3 We do not exclude, modify or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for your rights under the ACL.
    • 12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  1. How we use your personal information
    • 13.1 How we use your personal information. We will only use your personal information as set out in our privacy policy.

 

III.        TERMS & CONDITIONS FOR YOUR USE OF OUR WEBSITE

  1. By using our Website you agree to be bound by these terms and conditions.
    • 14.1 All of the terms, conditions, disclaimers and limitations that appear or are made available to you on our Website (for example, in connection with special offers or promotions) and all of these Terms & Conditions, as they may be amended from time to time.
    • 14.2 If you do not agree to these terms, you must not use our site.
  2. Other terms that apply to you.
    • 15.1 These Terms & Conditions should be read alongside our privacy policy.
  3. We may make changes to these Website terms.
    • 16.1 We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
  4. We may make changes to our Website.
    • 17.1 Your continued use of our Website will constitute your acceptance of any changes and your agreement to comply with all the current terms and conditions of the Website.
  5. Our Website is available free of charge.
    • 18.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
  6. Our Website is directed to people residing in Australia.
    • 19.1 We do not represent that content available on or through our site is appropriate for use or available in locations other than Australia.
    • 19.2 If you have questions or concerns about our specific terms, please send an e-mail to info@athleticbrewing.com.
  7. Your obligations when using the website
    • 20.1 You must keep your account details safe.
    • 20.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    • 20.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    • 20.4 How you may use material on our Website.
    • 20.5 All text, graphics, logos, icons, photos, images, audio clips, video clips and software on the site (‘Content’) are protected materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term Content will be used and mean to include these as well.
    • 20.6 Unless authorised in writing by us, you may not use any Content without our consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
    • 20.7 You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium.
    • 20.8 You may not use the Content in a networked computer environment for any purpose other than to transact with our Website as authorised by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site.
    • 20.9 Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
    • 20.10 You agree not to do any of the following while using our Website:
      • Intentionally or knowingly, violate any applicable law or regulation, agreement that you are bound by – including these Terms & Conditions – nor the rights of any other party.
      • Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities.
      • Exceed authorised access, tamper with, or misuse any areas of the Website or its related computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites.
      • Frame or link to the Website or any of our other sites, unless permitted in writing by us.
  1. Information on this Website
    • 21.1 Do not rely on information on this Website.
    • 21.2 The content on our Website is provided for general information only and for the purchase of our products. It is not intended to amount to advice on which you should rely.
    • 21.3 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  2. We are not responsible for websites we link to.
    • 22.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    • 22.2 We have no control over the contents of those sites or resources.
  3. User-generated content is not approved by us.
    • 23.1 This Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
    • 23.2 If you wish to complain about content uploaded by other users, please contact us on info@athleticbrewing.com.
  4. Our responsibility for loss or damage suffered by you
    • 24.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    • 24.2 The limitations and exclusions of liability arising as a result of the supply of any products to you are set out in Part II of these Terms & Conditions.
    • 24.3 Please note that we only provide our Website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  5. Disclaimer of Warranties
    • 25.1 Although we endeavour to provide current, accurate and reliable information on our Website, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our Website, or the operation or function of our Website, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
    • 25.2 Your use of our Website is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of our site.
    • 25.3 Our website and the content is provided ‘as is’ and ‘as available’ without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.
  6. Limitation of Liability
    • 26.1 In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Website, these Terms & Conditions, the use or performance of our Website, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Website, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
  7. Indemnity
    • 27.1 You agree to defend, indemnify, and hold us, our affiliates, employees, officers, and agents (‘Athletic Brewing Company Parties’) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Athletic Brewing Company Party, or on account of the investigation, defence, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions or any additional terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Athletic Brewing Company Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”).
    • 27.2 You will cooperate as fully required by Athletic Brewing Company Parties in the defence of any Claim and Losses. Notwithstanding the foregoing, Athletic Brewing Company Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Athletic Brewing Company Parties reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an Athletic Brewing Company Party.

 IV. OTHER IMPORTANT TERMS

  1. We may transfer our rights under your Contract or these Terms & Conditions to someone else. We may transfer our rights and obligations under these terms to another organisation. If you do not agree to the transfer, you may end the Contract and these Terms & Conditions.
    • 28.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • 28.2 Nobody else has any rights under a Contract or these Terms & Conditions. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • 28.3 If a court finds part of these Terms & Conditions illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • 28.4 Even if we delay in enforcing these Terms & Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • 28.5 You agree to raise your concerns and complaints with us. If there are any issues, concerns, disputes or complaints arising under these Terms and Conditions or any Contract, each of you and us agree to first notify each other in writing, discuss and attempt to resolve the issue, concern, dispute or complaint for at least 30 days prior to making a complaint to authorities or instituting legal proceedings. Please contact us on info@athleticbrewing.com.
    • 28.6 Which laws apply to your Contract and these Terms & Conditions and where you may bring legal proceedings. These Terms & Conditions are governed by the laws of New South Wales, Australia and you can bring legal proceedings in respect of the products in the courts of New South Wales, Australia.
    • 28.7 4828-8430-9483, v. 1
    • 28.8 Refer-a-Friend Program
      As a Refer-a-Friend member (a “Referrer”), you are subject to Athletic Brewing’s Terms of Use and Athletic Brewing’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Athletic Brewing’s Refer-a-Friend program:
      - Qualified Referral. A Qualified Referral is defined as a purchase made at Athletic Brewing.com by a person (a "Referred Customer") who arrives at our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
      - Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
      Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must have made the payment for the order and received goods and services from Athletic Brewing.
      - Reward Payments. Rewards are payable in increments of $12.99 Single Use Coupons. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
      - Eligibility. Eligibility is limited to individuals only. Athletic Brewing’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Athletic Brewing’s sole discretion.
      - No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Athletic Brewing’s Refer-a-Friend program.
      - Right to Close Accounts. Athletic Brewing reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Athletic Brewing Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
      - Right to Cancel Program or Change Terms. Athletic Brewing reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
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